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JITENDRA CHAUHAN.J The present appeal has been filed by the appellant against the Award dated 27.5.2011 passed by the Motor Accident Claims Tribunal, Sonepat (for short the Tribunal) whereby an amount of Rs.5,38,400/- has been awarded as compensation to the claimants- respondents.

The brief facts of the case are that Krishan Kumar and Usha, claimants, filed claim petition No. 117 of 2009 under section 166 of the Motor Vehicles Act, 1988 ( hereinafter referred to as the Act) for compensation on account of the death of their son Som Dutt in motor vehicular accident. On 21.10.2008 at about 9.30 p.m. Som Dutt was going to village Machhri from Sonepat. He boarded a three-wheeler bearing registration No. HR-69-5436 alongwith other passengers. When the three- wheeler reached 2-1/2 kms. ahead of Village Barwasni towards Gohana side, a Maruti Van bearing registration No. DDA/3172 came from the opposite side. It was driven by respondent No. 1 in a rash and negligent manner and it struck against the three wheeler. As a result of the accident, three wheeler overturned and the Maruti Van fell into the ditch on the side of the three wheeler. Som Dutt received grievous injuries. He was taken to Civil Hospital, Sonepat but he succumbed to his injuries. The accident was witnesssed by Satish Kumar, Sube Singh and Sanjay Singh. FIR No. 346 dated 21.10.2008 under section 279/337/304-A IPC was registered in P.S.Sadar, Sonepat.

As per the claimants, their son was a student of B.A. Part III and was earning Rs. 6000/- p.m from tuition by teaching other students of the village.

Upon notice, respondent No.1, Sukhpal-driver of the Van filed written statement. He denied all the averments made in the claim petition.

Respondent No.2, Indersen Gupta (appellant in the present appeal) filed written statement. He alleged that on the day of accident i.e. On 21.10.2008, he was not the owner of the offending Van, as he had already sold it to one Nanak Chand, resident of Model Town, Sonepat on 24.3.2003/20.4.2003. He took the stand that the Van was stolen on 14.4.2002 from backside of his house at New Delhi. He reported the matter to the police. FIR No. 313 of 2002 was registered in Police Post Saket under Police Station Malviya Nagar, New Dehli. The Van was traced after sometime. It was got released on supardari and he sought permission to sell the same, from Illaqa Magistrate. Thereafter he sold the Van to Nanak Chand. He submitted letter Ex. R3 dated 20.4.2003 to the Licensing Authority, Sarai Kale Khan, New Delhi, where the Van was registered. According to respondent No.2, on the day of accident, Nanak Chand was the owner of the offending Van. On the disclosure of respondent No.2, Nanak Chand was impleaded as respondent No. 4 in the claim petition by the claimants. However, on the statement dated 11.11.2010 made by the counsel for the claimants, respondent No. 4, Nanak Chand was given up.