Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1067 of 2001 Appellant :- Misri and Others Respondent :- Bhuwal Rajbhar and Others Counsel for Appellant :- S.S.P.Gupta Counsel for Respondent :- R. Chandra,Avadhesh Singh,Ranjit Saxena
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This appeal challenges the judgment and order dated 21.4.2001 passed byMotor Accident Claims Tribunal, Azamgarh (hereinafter referred to as 'Tribunal') dismissing the Claim Petition No. 3 of 1992 filed by the appellants herein.
2. Heard Sri S.S.P. Gupta, learned counsel for the appellant. Despite notice to Sri Ranjit Saxena, Advocate, who has filed his vakalatnama for respondent No.2, he has absented himself. Sri Avadhesh Singh, Advocate, has appeared on behalf of respondent No.3 and has only contended that respondent No.3 has not contested the matter before the Tribunal.
3. It was a duty of the respondents to satisfy the Court as to who was the registered owner. The Tribunal's judgment to this effect that the owner was not ascertained is absurd and perverse.The matter will go back to the Tribunal for deciding the compensation and the liability of the owner. I am even supported in my view by the judgment in Pushpa alias Leela and others Vs. Shakuntala and others, AIR 2011 SC 682.
4. In that view of the matter, the appeal is partly allowed.
Order Date :- 29.4.2019 DKS