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2022 Supreme(HP) 709

JYOTSNA REWAL DUA
Anil Kumar – Appellant
Versus
Jyoti – Respondent


Advocates Appeared:
For the Appellants : Mr. Ashok Kumar Thakur.
For the Respondents:Mr. Anup Rattan, Mr. Anuj Gupta, Mr. Ashwani Sharma, Senior Advocate, with Mr. Ishan Sharma.

JUDGMENT :

Jyotsna Rewal Dua, J.

In a motor accident claim case involving transfer of the vehicle, the correctness of the liability fastened upon the transferee and driver of the vehicle to satisfy the compensation amount awarded by the learned Motor Accident Claims Tribunal (learned Tribunal in short) is in question in this appeal.

2. One Sh. Yugal Kishore died in a motor accident on 04.08.2010. His wife, two minor children and parents preferred a claim petition under Section 166 of the Motor Vehicles Act (Act hereinafter). The vehicle in question was registered in the name of Smt. Rajni Gupta (respondent No.6). The insurance policy of the vehicle on the date of accident was also in the name of registered owner of the vehicle. The vehicle, however, was transferred in the name of Anil Kumar (appellant No.1). The transferee of the vehicle had admitted purchasing the vehicle from its registered owner (transferor). The facts regarding transfer of vehicle were admittedly not disclosed to the insurer of the vehicle (respondent No.7). The learned Tribunal vide its award dated 15.12.2017, allowed compensation of Rs.10,29,700/- alongwith interest @ 9 % per annum from the date of filing of the

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