The appellant is aggrieved by judgment and award rendered by Motor Accident Claims Tribunal, Ahmedabad in MACP No.226 OF 1992 dated 31/03/2004. The appellant was the registered owner of vehicle bearing No.GBM-9244, which was involved in an accident that occurred on 04/01/1991 at about 10:00 a.m. The said vehicle met with an accident on 04/01/1991 at about 10:00 a.m. on National Highway near Amraivadi. The said vehicle, according to the appellant was sold by present respondent No.6 – Anil B Devani. However, in the registration records maintained by Regional Transport Authority, the change was not effected as on the date of accident and the appellant was held responsible to pay a compensation of Rs.2,26,000/- to the claimants jointly and severally to respondent and hence this appeal. 2. Heard learned Advocate Mr.Tarak Damani for the appellant and learned Advocates for respondents.
3. The involvement of the vehicle; the injury to the victim; the quantum of compensation, etc., are not challenged in this appeal. What is under challenge is the liability of the appellant, which according to the appellant, is erroneously fastened on him by the Tribunal although he had sold the vehicle prior to the accident with a documentary evidence in form of a 'Kabja Pavti'. In this context, a decision of Hon'ble Apex Court in case of Pushpa @ Leela & Ors., Vs. Shakuntala & Ors., reported in (2011) 2 SCC 240 can be reasonably referred to where it has been held that, if the registered owner of the vehicle, claiming to have sold the vehicle prior to accident, takes no steps to get the vehicle transfered in the name of the seller, he cannot escape from the liability of paying compensation under the Motor Vehicle Act. Almost identical situation is faced by this Court in this case and, therefore, taking into consideration the view taken by the Apex Court in the aforesaid judgment, this appeal does not merit acceptance. Appeal must fail and stands dismissed. No costs.
(A L DAVE, J.) sompura