- (1.) The challenge in the present Regular Second Appeal is to the judgment and decree dated 22.8.1996 passed by the learned first Appellate Court, dismissing the appeal of the appellant and affirming the judgment and decree dated 20.12.1993 passed by the learned Senior Sub Judge, whereby the suit for recovery on account of damages to the owner of the truck bearing No.PBN-9777 was decreed.
(2.) In the present appeal, the appellant has claimed the following substantial question of law: "Whether Section 157 of the Motor Vehicles Act, is applicable in own damage claim or not especially when it was admitted case of the parties that the policy had not been transferred in favour of the plaintiff, the subsequent purchaser?"
(3.) The plaintiff has asserted that he is a purchaser of the truck bearing the aforesaid registration number from Didar Singh, defendant No.3. The said vehicle was insured with the present appellant for the period 29.12.1989 to 18.12.1990. The plaintiff asserts that he could not get the certificate of registration transferred in his name. The cover note and the Insurance Policy, was issued in the name of Didar Singh, the previous owner after its purchase by the plaintiff.;