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2003 Supreme(SC) 139

B.N.AGARWAL, ASHOK BHAN
Rikhi Ram – Appellant
Versus
Sukhrania – Respondent


JUDGMENT

Khare, CJI.-On 1.3.1984, one Chinku, S/o Sukhrania and Ram Dhan aged about 20 years, a rickshaw puller by profession was hit by a motorcycle bearing Registration No. PUT 3504, driven negligently by Ashok Kumar and Pawan Kumar, s/o. Rikhi Ram. As a result of the aforesaid accident, Chinku died in the hospital. The deceased s parents filed a petition before the Motor Accident Claims Tribunal, Bhatinda claiming a sum of Rs.3,60,000/- alongwith interest under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act ). Rikhi Ram and Pawan Kumar, appellants herein, while jointly denying the accident, pleaded that the motorcycle did not belong to them rather it belongs to M/s. Azad Engineering Works, Bhatinda who have been its owners. Ashok Kumar also filed a separate written statement taking identical objections. M/s. Azad Engineering Company was also added as a party to the claim petition. It was admitted that the motorcycle was got insured by M/s. Bhagwan Rai Amrit Lal, commission agents, Bhatinda. They were the registered owners of the vehicle. Subsequently, Rikhi Ram and M/s. Azad Engineering Works, appellants herein, purchased the motorcycle from













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