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2010 Supreme(J&K) 127

GH.HASNAIN MASSODI
Javeed Ahamad Shah – Appellant
Versus
Parveena Banoo – Respondent


Advocates Appeared:
Advocate For Appellant: A. Andrabi

1. Where does the liability to pay compensation under Section 166 Motor Vehicles Act, lie when the offending vehicle has changed hands without the change in ownership, getting reflected in the records maintained by the Regional Transport Officers, is the question that looks for an answer in the present appeal.

2. The facts are brief and simple.

Shri Bashir Ahmad Zargar father of respondents 1, 3, 4 and 5 and husband of respondent No. 2 (now deleted from array of respondents) on 26th May 2000, met a fatal accident at Main Bazar Awantipora when he was hit by an Auto Rikshaw bearing registration No. JK-13-0776 driven rashly and negligently by Gulzar Ahmad Dar Son of Gani Dar Resident of Dangerpora Pandgampora Tehsil and district Pulwama. The victim sustained multiple serious injuries, and was rushed to the SKIMS Soura, where he breathed his last. The respondents 1 to 4, on 14.8.2000 brought a claim petition under Section 166 Motor Vehicles Act, against the driver of the offending vehicle, its registered owner as also one Abdul Ahad Bhat Son of Mohamad Kamal Bhat resident Padgampora/respondent No.6 to whom the registered owner was claimed to have sold the offending vehicle some time befo

























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