G.C. Mital, J.@mdashThe truck was owned by Mam Raj and was insured with National Insurance Co. Ltd. During the currency of insurance, Mam Raj transferred the truck to Baldev Raj and after its transfer and within the insurance period, the truck was invloved in an accident in which more than two persons died and their legal representatives filed separate claim applications before the Motor Accident Claims Tribunal. The Tribunal bund that the driver of the truck was negligent and awarded compensation. While fixing the liability, it came to the conclusion that since the truck had been transferred by the insured owner and the insured owner was not the owner at the time of the accident, the insurance company was not liable, and the liability was imposed on the transfer owner and the driver of the truck to pay to the claimants. The new owner has come to this Court in these two appeals and has sought stay of execution on the ground that the Tribunal has erred in law in burdening him with the liability to pay the compensation when it was the insurance company who was liable to reimburse the claims of the third parties. Notice of the application was issued to the claimants, the insurance company and the original owner of the truck.
2. After hearing the learned counsel for the transferee owner, the original owner and the insurance company. I am of the opinion that on the basis of a Full Bench judgment in