F.A.O. No. 64 of 2009 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 64 of 2009 (O&M) Date of decision: 9.2.2010 M/s Om Financiers (Regd.) .. Appellant v. Brij Pal and another ..Respondents. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Maharaj Kumar, Advocate for the appellant. Mr. G. S. Sandhu, Advocate for respondent No. 1. Mr. Ashit Malik, Advocate for respondent No. 2. ... Rajesh Bindal J. Challenge in the present appeal is to the award dated 19.8.2008, passed by Motor Accidents Claims Tribunal, Karnal (for short, `the Tribunal'), vide which the appellant has been held responsible for satisfying the award, being the owner of the vehicle. Learned counsel for the appellant raised a short issue. It was not disputed that he had purchased the vehicle in question and the same was registered with the Registering Authority with registration No. HR-45-4633. However, in 2006, the vehicle was scrapped and sold to a scrap dealer. However, his only fault is that the registration number was not surrendered to the Registering Authority. The vehicle, which was involved in the accident, was in fact carrying a false registration number, whereas the vehicle for which the registration certificate was granted had already been scrapped. He further submitted that he had moved an application before the Tribunal for inspection of the vehicle for taking out its engine number and chasis number, so that the same could be matched with that of the vehicle owned and registered in the name of the appellant. However, the same was dismissed. The inspection of the vehicle would have clarified as to whether the vehicle, which was involved in the accident, was the same to which registration No. HR-45-4633 was granted by the Registering Authority. If it is carrying a different chasis number and engine number, then that would be a different vehicle. F.A.O. No. 64 of 2009 [ 2] It is further submitted that the vehicle is still lying in the police station as no one has taken it on superdari. He further submitted that for this purpose, either this court may appoint a Local Commissioner for verifying this aspect or the matter may be remitted back to the Tribunal for examining this limited issue. Learned counsel for respondent No. 2 submitted that in case part of the compensation, as has been deposited by the appellant in this court, is disbursed to him, he does not have any objection to the setting aside of the impugned award and remitting the case back to the Tribunal only for examining the engine number and chasis number of the vehicle to verify as to whether the same was matching with the registration certificate of the vehicle in question or not. Considering the fair stand of the parties, in my opinion, the issue, as has been raised by the appellant being factual in nature, it would be appropriate if the same is considered by the Tribunal by recording the evidence with regard to the same. The impugned award is set aside only to that extent and the matter is remitted back to the learned Tribunal for recording evidence regarding the ownership of the vehicle, considering the engine number and chasis number thereof. Parties through their counsels are directed to appear before the Tribunal on 27.2.2010 for further proceedings. The Tribunal may dispose of the proceedings on or before 31.3.2010. As far as the amount deposited by the appellant along with the appeal and subsequently is concerned, the same shall be remitted to the learned Tribunal for disbursement to the claimant after furnishing of security to its satisfaction. The appeal is disposed of in the manner indicated above. (Rajesh Bindal) Judge 9.2.2010 mk