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2015 Supreme(Tri) 103

DEEPAK GUPTA
Satya Ranjan Goswami – Appellant
Versus
Anima Mahishya Das – Respondent


Advocates Appeared:
For the Appellant:Mr. P. Roy Barman, Advocate, Mr. S. Bhattacharji, Advocate.

ORDER :

1. This appeal is directed against the award dated 05-02-2010 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in case No. T.S. (MAC) 37 of 2008 holding the appellant liable to pay the compensation.

2. The only issue raised by Mr. P. Roy Barman, learned counsel for the appellant, is that the appellant, on the date of the accident was not the owner of the vehicle and hence, not liable to pay compensation.

3. The undisputed facts are that the accident took place on 09-05-2007 and on this date due to the accident the deceased died and the claimants being the legal heirs of the deceased Dinesh Mahishya Das filed the petition for grant of compensation.

4. The present appellant was arrayed as respondent No.2 and he took the defence that much prior to 09-05-2007, i.e. in the year 2002 he had transferred the vehicle in question to Smti. Jyotshna Paul, W/O. Sri Nilmani Paul of West Panisagar on consideration of Rs.1,35,001/- and documents in this regard were also annexed. Smti. Jyotshna Paul in her written statement did not deny the execution of this document but according to her, when she demanded all the necessary papers, documents including regis























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