GOPALA KRISHNA BHAT Vs. SHIVAMMA

JUDGEMENT

(1.) THE Motor Cycle hearing Regn. No. CTX:5412 initially belong to R4 in appeal. His name is shown in the RC as owner.

(2.) THE facts disclose that the vehicle has been transferred to the appellant from R4 by way of sale. However, the name of the appellant is not entered in RC. The effective possession and use of vehicle is with the appellant. The appellant caused the accident and caused the death of one lingappa Naik. The LRs. of Lingappa Naik are the petitioners in MVC No. 165/93. The Tribunal awarded compensation of Rs. 92,500/- payable by the appellant. The Tribunal has not fastened joint liability on the RC holder and Respondent No. 4 herein.

(3.) THE contention of the appellant that RC holder is liable and award should be made against the rc holder is untenable. The appellant being in possession of the vehicle and he caused the accident, therefore he is a tort-feasor. Notionally, RC holder is a joint tort-feasor but that does not however exonerate the liability of the appellant. The Tribunal has rightly passed an award fastening joint and several against the RC holder and the appellant. If RC holder is made to pay the compensation under the award he would have right of recovery from the transferee. In this case, the transferee himself is fastened with the liability. Therefore, he cannot have any legal grievance. The liability adjudged by the Tribunal is just and proper. Accordingly, the appeal is dismissed. The amount in deposit to be transferred to the Tribunal for disbursement.