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1993 Supreme(Ori) 225

P.C.MISRA
PURUSOTTAM MISHRA – Appellant
Versus
BALAJI SAHU – Respondent


Advocates Appeared:
A.K. Roy, S. Roy and P. Mohanty, for the Appellant; B.N. Rath, for the Respondent

JUDGMENT :

P.C. Misra, J. - The liability of the appellant under the award passed by the Second Motor Accidents Claims Tribunal has been challenged by him in this appeal.

2. The facts leading to the limited controversy of the parties are as follows: The present respondent Nos. 1 to 8 filed an application u/s 110-A of the Motor Vehicles Act, 1939, being the parents, widow and children of deceased Kalu Sahu for awarding compensation due to his death occurred in an automobile accident. The vehicle was insured with the National Insurance Co. Ltd. The original owner of the vehicle was the present appellant. It is alleged that he transferred the vehicle to the present respondent No. 9 on 20.2.1983. The accident having taken place on 16.7.1983, the Accidents Claims Tribunal while assessing compensation at Rs. 90,000/- felt that the present respondent No. 9 being the owner of the vehicle is liable to pay the compensation. In proof of the transfer of ownership the present appellant had filed a receipt executed by respondent No. 9 stating that he has received the vehicle bearing registration No. ORU 2728 from Purusottam Mishra, appellant, on payment of Rs. 40,000, the agreed cost. Respondent N






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