FAO No.3616 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3616 of 2011 (O&M) Date of Decision. 17.05.2011 Sukhdev Singh alias Sukha son of Chanan Singh ......Appellant Versus Gurdev Kaur wife of Pyara Singh and others .....Respondents Present: Mr. O.P. Kamboj, 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. Delay in refiling the appeal is condoned. 2. The appeal is by the transferee of a vehicle claiming that award should have been passed only against the registered owner and not against him. Learned counsel for the appellant relies on a judgment of this Court in Vipin Kumar Sharma Vs. Jagwant Kaur and others 2007 ACJ 1249 that held that the registered owner will continue to be liable, however, the registered owner will have a right of recovery against the transferee. In a case where the transferee is also a party, the issue of making the registered owner liable does not always arise and if the transferee is made liable, it is perfectly justified. Learned counsel also makes a reference to the judgment of Hon'ble Supreme Court in Dr. T.V. Jose Vs. Chacko P.M. and others 2001 ACJ 2059 FAO No.3616 of 2011 (O&M) -2- where the transferee was not made party. The transferee was sought to be made a party in Hon'ble Supreme Court and the Hon'ble Supreme Court stated that registered owner shall become liable, however, he will have a right of recovery against the transferee in independent proceedings. Both these decisions have affirmed the liability of the transferee. The transferee cannot have, in any way, a right to contend through these decisions that he ought not to have been made liable in the first place. The transferee as a purchaser of vehicle gets title to the vehicle by mere delivery under Section 19 of the Sale of Goods Act and transfer of registration of vehicle under Section 50 of the Motor Vehicles Act merely affords authentic prof of such transfer. This principle is illustrated through the judgment of the Hon'ble Supreme Court in Vasantha Vishwanathan and others Vs. V.K. Elayalwara and others 2001(8) SCC 133. 3. The award passed by the Tribunal is justified. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 17, 2011 Pankaj*