B P VENKATAPPA SETTY Vs. B N LAKSHMIAH

JUDGEMENT

(1.) This is an appeal by the owner of the vehicle from an award dated 29-11-1969 given by the Motor Accidents Claims Tribunal, Bangalore in Miscellaneous Case No.2 of 1967.

(2.) On 26-10-1966 the car bearing No.MYX 3808 belonging to the appellant driven by him at about 10 A.M. at Panthrapalaya bus stand, dashed against Geetha Devi aged about 16 years, daughter of Lakshmaiah respondent No.1, as a result of which she sustained injuries and died.

(3.) Respondent No.1 filed an application under S.110A of the Motor Vehicles Act claiming compensation of Rs.25,000 on the ground that the accident was due to the rash and negligent driving of the vehicle by the appellant. The Insurance company second respondent-contended that one Raghavendra Hegde had taken the Insurance Policy in respect of the car and that subsequently he sold the car to the appellant on 11-7-1966 and the policy in respect of the car, by virtue of sale of the vehicle, had lapsed and therefore the Insurance company was not liable to indemnify.