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2017 Supreme(HP) 1142

TARLOK SINGH CHAUHAN
Roop Singh – Appellant
Versus
Dharam Dass – Respondent


Advocates Appeared:
Mr. Vijay Chaudhary, Advocate, for the Appellant; Mr. K.R. Kashyap, Advocate, for the Respondent Nos. 1 to 5; Mr. Vinod Thakur, Advocate, for the Respondent No. 6; Mr. B.M. Chauhan, Advocate, for the Respondent No. 7

JUDGMENT

Tarlok Singh Chauhan, J. (Oral) - This appeal is at the instance of the owner, who allegedly transferred the vehicle in favour of one Roshan Lal prior to the accident.

2. Looking to the nature of the order I propose to pass, it is not necessary to delve into the details, suffice it to state that the defence of the appellant throughout the case remained the same i.e. he had transferred the vehicle prior to the accident as would be evident from para 13 of the reply filed to the claim petition, which reads thus:

"13. That para No. 13 of the claim petition, the R.C. is in the name of registered owner, but the respondent No.1 had sold his vehicle HID No.586 to Sh. Roshan Lal son of Sh. Mohar Singh R/o Vill. Pokhri P.O. Kothi, Tehsil Anni, District Kullu, H.P. on dated 24.12.1998 and the possession had been delivered to him on the said date. The copy of agreement to sell is annexed herewith for the kind perusal of this Ld. Court. The said person had released the accident vehicle from Ld. Addl. Chief Judicial Magistrate, Court No.1, Mandi, H.P. on 4th April, 1999. The copy of the order/release under Section 457 of Cr.P.C. and copy of Supurdari bond is annexed herewith for the kind

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