JUDGMENT

V. Srishananda, J. - This appeal is filed by the erstwhile owner of two wheeler bearing No.CTL-8362 questioning the fastening of liability on him to the extent of 50% by judgment and award dated 10.09.2009 passed in MVC No.2733/2003 by the Presiding Officer, Fast Track Court and Principal Additional M.A.C.T., Belagavi.

2. The brief facts which are germane for disposal of this appeal are as under:-

A claim petition came to be filed by the claimants, who are respondents 1 to 4 herein under Section 166 of the Motor Vehicles Act stating that on 17.07.2002 at about 6.15 p.m., one Raghunath Mahadev Shinde was crossing the road near Arun Theater, Congress Road, Belagavi, a two wheeler bearing No.CTL-8362 came in a rash and negligent manner and dashed against him due to which he sustained grievous injuries and later succumbed to the said injuries. Thus, the claimants sought for suitable compensation.

On service of notice, respondent No.1 appeared before the Tribunal and filed statement of objections contending that as on the date of the accident, the first respondent was not the owner of the offending vehicle as he already sold the said vehicle on 12.03.1996 to the father of the se