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Judgment
Vivek Agarwal, J
This appeal is filed by the owner of the Motor Vehicle No. MP 47 MA 9665 on the ground that he had sold said vehicle in favour of one Shyamlal/respondent No.6 vide sale-deed dated 09.01.2017 whereas accident took place on 28.04.2017. Therefore he is only liable to pay 50% of the compensation as Shyamlal was a real owner and if name of Shyamlal was not entered into the records of the Road Transport Authority.
Reliance is placed on decision of Supreme Court in case of P.P. Mohammed Vs. K. Rajappan and Others, (2008) 17 SCC 624 and also
law laid down by Three Judges Bench of Supreme Court in case of Naveen Kumar Vs. Vijay Kumar and Others, 2018 (1) T.A.C. 702 (S.C.).
After hearing learned counsel for the appellant, it is evident that law laid down by Three Judge Bench of Supreme Court is that as per provisions contained in Section 2(30) of the Motor Vehicles Act, 1988 'owner' is a person whose name is reflected in the records of the registering authority and he is liable to compensate, I do not find any substance in the present appeal inasmuch as if there is any legal right existing in favour of the present appellant then he can always file a suit for recovery against the alleged transferee if such suit is permissible under the law. As far as, impugned award fasten liability on jointly and severally on respondents No.2 and 3 cannot be faulted with.
Appeal fails and is dismissed.