RAJAMANI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) On the application of learned counsel for the appellants, the appeal against the second and third respondents is dismissed.

(2.) Xx xx xx

(3.) The truck in question was insured by the first respondent-insurance Company for the period 31/7/1979 to 30/7/1980. On 6/3/1980, it met with an accident and the legal representatives of the man killed in the accident filed a claim petition before the Motor Accidents Claims tribunal, Coimbatore for compensation. It was the defence of the second respondent who was shown as the owner of the truck and who had insured it, that he had, on 5/10/1979, sold the truck to the third respondent and given him delivery thereof. The third respondent had, therefore, been impleaded. The tribunal disbelieved the defence and held the second respondent and, as the insurer, the first respondent liable to pay compensation to the appellants in the sum of Rs 1,00,000. 00. The first respondent carried the matter in appeal to the High court. The High court, upon an appraisal of the evidence, concluded that there had indeed been a transfer and delivery of the truck to the third respondent on 5/10/1979 with the result that the second respondent was not liable to pay compensation. Since no intimation of the transfer of the truck to the third respondent had been given to the first respondent, the firstrespondent was also not liable. The decree was, therefore, passed only against the third respondent.