K.S.CHAUHAN, ARUN MISHRA
BRIJLAL KHILWANI – Appellant
Versus
SOHAN – Respondent
ARUN MISHRA, J.
( 1 ) THIS appeal has been preferred by appellant registered owner challenging the saddling of liability to pay the compensation though the vehicle stood transferred to Sohan alias Sanu Narwaria, respondent No. 1. Tribunal has awarded compensation of Rs. 1,11,500 along with interest at the rate of 12 per cent per annum from the date of filing of application till realisation.
( 2 ) FACTS, shorn of unnecessary details, indicate that Sitaram (since deceased) was going to the market from the bus stand in order to supply milk. Saleem Shah drove truck No. MP 11-A 0829 rashly and negligently and dashed Sitaram, who sustained injuries and died. It was claimed that he used to earn about Rs. 150 per day, besides having agricultural income. His monthly income was Rs. 7,000. Compensation of rs. 12,60,000 was claimed. Driver Saleem shah was proceeded ex pane. Brijlal Khilwani, registered owner of the truck, took the stand that real owner of the vehicle was sohan alias Sanu Narwaria. The truck was sold to him prior to the date of accident. Possession of the truck was with Sohan alias Sanu Narwaria. He had obtained the custody of the truck from the court. It was submitted that e
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