Either of the two is liable to pay compensation. Compensation can not be ruled out.
Both my parents expired in an accident few years back. Here is a brief background, my parents were hit by a Jonga which was purchased at an army auction by Mr. XYZ, who along with an another individual was taking a test drive and was found to be driving rashly. The vehicle had no issuance. Now Mr. XYZ denies that he is the one who had purchased the Jonga at the auction, the authorities who sold the Jonga say that they sold it for Mr. XYZ, but they don't have the complete details like the father name or the complete address of the buyer. The district court had awarded us compensation to be paid by Mr. XYZ and union of India was let go. Now Mr. XYZ moved to supreme court regarding the same, stating he is not the one who bought the Jonga. My question is can the judge completely rule out the compensation that has been awarded and pass a ruling that no claim has to be provided or it would decide between Mr. xyz or Union of India for the payment of compensation.
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you would be entitled to compensation . since Mr XYZ had purchased army jonga in auction he would be liable to pay compensation . the statement made by army authorities and finding given by district court show that XYZ was owner of vehicle . however till appeal pending in supreme court is decided you may not get the compensation
thank you for the response...it has been delayed for last 20 years....hopefully we might get a closure soon, would update here. Thank you again.