FAO No.1974 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1974 of 2011 (O&M) Date of Decision. 03.03.2011 Ashutosh Batra son of Sh. Har Narain Batra ......Appellant Versus Smt. Annu wife of late Sh. Rajesh Kumar and others ....Respondents 2. FAO No.1975 of 2011 (O&M) Ashutosh Batra son of Sh. Har Narain Batra ......Appellant Versus Parveen Kumar son of Sh. Ram Kumar and others ....Respondents Present: Mr. Tribhuvan Dahiya, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The appeals are by registered owner, who claims that he had transferred the vehicle already to the 5th respondent and therefore, the award could not have been passed against him. Transfer of a vehicle could take place by delivery and registration of the vehicle itself will be only evidence of such transfer and not a document of transfer itself. However, if a claim emanated from a third party, there will be nothing wrong about a Tribunal passing an order against a registered owner and also provide a right of recovery against the subsequent purchaser who is arrayed as a party. The duty to satisfy a claim by registered owner was FAO No.1974 of 2011 (O&M) -2- laid down authoritatively by the Hon'ble Supreme Court in Dr. T.V. Jose Vs. Chacko 2001(8) SCC 748 and this decision was also cited by the Hon'ble Supreme Court in Pushpa @ Leela and others Vs. Shakuntala and others 2011(2) SCC 240. The subsequent purchaser-5th respondent is already a party and the appellant will not be driven to a separate suit for securing a right of recovery of the amount from the subsequent purchaser. It is clarified here that the recovery rights provided by the award shall be enforced in execution after satisfying the claim of the third party. 2. Subject to this observation, the appeals filed by the appellant are dismissed. (K. KANNAN) JUDGE March 03, 2011 Pankaj*