JUDGEMENT
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(1.) THESE appeals are directed against the judgment and award dated 18.07.2012 passed by Motor Accident Claims
Tribunal, Raisinghnagar, District Sriganganagar ('the
Tribunal'), whereby, for the death of Jogendra Singh and injuries
by Smt. Satya Devi, the Tribunal has awarded a sum of
Rs.4,41,500/ - and Rs.2,28,500/ - respectively as compensation
alongwith interest @ 6% per annum from the date of filing
application for compensation ('the application').
(2.) THE appellant Jagseer Singh, who was the registered owner of Tractor bearing Registration No.RJ -13 -R -1200 has been
held jointly and severally liable alongwith one Darshan Lal, who
was driving the Tractor and Shiv Prakash. It was the case of the
appellant -owner that the accident occurred on 15.03.2005; the
Tractor in question had been sold by him to Shiv Prakash; and
merely because the same was not got registered by the said
Shiv Prakash, the appellant cannot be held liable for payment of
compensation.
The Tribunal, inter alia, framed issue No.2, 3 and 4 dealing with liability to pay compensation. It decided all the three issues
together and came to the conclusion that on the date of accident
i.e. 15.03.2005, the vehicle stood registered in the name of
Jagseer Singh and even if the same was sold by way of
agreement dated 11.01.2005 alongwith the requisite forms 29
and 30 to the said Shiv Prakash, the appellant being registered -
owner of the said Tractor cannot escape from his liability and
held the appellant, Shiv Prakash and the driver Darshan Lal
jointly and severally liable for payment of compensation.
(3.) IT is submitted by learned counsel for the appellant that when it was proved on record that by agreement dated
11.01.2005 the vehicle in question has been sold to Shiv Prakash by the appellant, merely because the endorsement in
this regard was not made in the Registration Certificate of the
Tractor, the appellant cannot be held liable for payment of
compensation and, consequently, the award impugned passed
by the Tribunal, deserves to be quashed and set aside.;
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