SATHYANARAYAN H.M. Vs. CHOODAMANI

JUDGEMENT

(1.) Though the matter is coming up for hearing on Interlocutory Application, with the consent of the learned counsels on both the sides, the matter is taken up for final disposal.

(2.) This miscellaneous first appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, assailing the judgment and award dated 13.05.2016 passed by the Principal Senior Civil Judge and Additional MACT, Hassan in MVC No.805/2011, whereby the claim petition filed by the respondent Nos.1 to 3 was allowed and the appellant/ respondent No.1 before the trial Court was directed to pay compensation of Rs.4,48,000/- along with interest at 6% per annum to the claimants/respondents.

(3.) Learned counsel for the appellant submits that subsequent to filing of the appeal, the appellant has filed I.A.No.1/2017 for production of additional documents. Learned counsel further submits that it was the contention of the appellant (respondent No.1 before the trial Court) that as on the date of accident, the appellant had already sold the vehicle in question through the respondent No.4/Dealer, in Exchange Mela. It is submitted that the vehicle was sold in the Exchange Mela on 30.10.2006 and in lieu of the appellant exchanging the vehicle in question, a new vehicle was given to the appellant on 25.11.2006. Learned counsel further submits that the appellant had sold the vehicle on 30.10.2006, whereas the accident is said to have occurred on 20.04.2008 long after the vehicle was sold by the appellant herein. It is in this regard that the appellant had filed an impleading application impleading the subsequent purchasers. This Court by order dated 13.06.2018, allowed I.A.No.2/2017 and impleaded the subsequent purchasers/owners of the vehicle who came to be arrayed as respondent Nos.5 and 6. Learned counsel for the appellant submits that the appellant has sought to produce certain additional documents which would prove that the appellant was not the registered owner of the vehicle as on the date of accident.