Narayanrao Keshav Gophane v. Godavari Uttamrao Talan And Others

wp4556.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4556/2017 Narayanrao Keshav Gophane .vs. Smt. Godavari Uttamrao Talana and Ors. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. Y. P. Kaslikar, Advocate for petitioner.

CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 8, 2021 Heard Mr. Kaslikar, learned counsel for petitioner. Nobody appears for respondents, though served. By this writ petition, petitioner is challenging the order passed by learned Member, Motor Accident Claims Tribunal, Amravati on 31.01.2017 below Exh.-5 in Motor Accident Claim Petition No.81/2016, whereby learned Member of the MA.C.T., Amravati, allowed the application fled on behalf of respondent nos. 1 to 3 under Section 140 of the Motor Vehicles Act and directed the petitioner and respondent no.4 to pay an amount of Rs.50,000/- towards compensation under Section 140 of the Motor Vehicles Act.

In an unfortunate accident, Uttamrao Talan was killed. He was husband of respondent no.1 and father of respondent nos. 2 and 3. The contention that was raised by the petitioner before the Court below and also before this Court that at the time of accident, the petitioner was not possessor of the vehicle since he has already sold the vehicle to the respondent no.4.

Admittedly, in the Regional Transport Office's record the petitioner is still shown as registered owner.

wp4556.17.odt In that view of the matter, the learned Judge has rightly fastened the liability on the petitioner. There is no merit in this writ petition. The writ petition is, therefore, dismissed.

JUDGE kahale