A year after a Punjab resident filed a case at the Motor Accidents Claim Tribunal (MACT) against a Volvo car driver and its registered owner — Olympic gold medallist Abhinav Bindra, the retired shooter said, in a reply, that he had delivered the possession of the vehicle to another person through a broker, two years before accident.
The incident happened last year on March 10 when Mangat Singh, of Khizargarh village, and his son, Gursewak Singh, were returning from Banur to their village on a motorcycle.
At around 4.45 pm, when they reached Rajpura road, they were hit by a rashly-driven Volvo car coming from Zirakpur side, driven by one Banty. Mangat Singh died on the spot while Gursewak succumbed to injuries during treatment. Mangat Singh (32) was working as a junk dealer while Gursewak (10) was a class II student at Holy Marry Public School at Banur.
Following this, Mamgat’s father Mukhtiar Singh filed two separate cases against Banty and Bindra, seeking Rs 50 lakh compensation for the death of his son and Rs 20 lakh compensation for his grandson.
In his reply, filed through his counsel Advocate Navdeep Arora in the Tribunal of Sanjiv Joshi, Bindra said that “he had delivered the vehicle to a person named Rashid Khan proprietor of Khan Bazar...Madhya Marg, Chandigarh who acts as broker, for selling the vehicle on November 5, 2015...On January 26, 2016, actual possession of vehicle.. was delivered to Nitin Bansal, resident of Nangal Colony, Mansa (Punjab) by Rashid Khan.”
“...at the time of delivery of vehicle to Rashid Khan on 05.11.2015, a delivery note was executed by Rashid Khan in which it was specifically mentioned that he will be responsible for all acts of omission, commission accident or any matter relating to the vehicle and there is no responsibility of seller (Abhinav Bindra) in any manner...at the time of delivery of vehicle by Rashid Khan on 26.01.2016 to Nitin Bansal all the necessary formalities qua the transfer of vehicle... After receiving into possession the vehicle in question the purchaser Nitin Bansal also executed a delivery letter, affidavit in favour of Abhinav Bindra in the presence of witnesses which categorically shows that Nitin Bansal has taken the possession of the vehicle on 26.01.2016...it was agreed by Nitin Bansal and Rashid Khan that vehicle will be transferred within 10 days,” the reply said.
Advocate Navdeep Arora has sought from the court for dismissal of Bindra’s name from the claim petition.
The matter is now scheduled for hearing on February 7, next year, for which the tribunal has also issued notice to the driver of the Volvo car, who has also been summoned by way of publication in a daily newspaper of Jalandhar on deposition of necessary charges.
The application for the claim has been filed under Section 166 of the Motor Vehicle Act against Banty (driver of the offending vehicle), a resident of Firozepur, and Abhinav Bindra (owner of the offending vehicle), a resident of Mohali, and also against the Oriental Insurance Company Limited.
A separate case has also been filed by widow of Mangat at the court by Rajinder Kaur. An application for clubbing the two cases has also been moved by Mukhtiyar which will also be heard by the tribunal on the next date.