N C CHANDRASHEKAR Vs. SIDDA GANGAMMA

JUDGEMENT

(1.) TRIBUNAL has awarded compensation to the petitioners in M. V. C. No. 1559/00 for death of one Rangaswamy. Tribunal directed the owner dealer to pay the compensation. Claim against the insurer is dismissed.

(2.) FACTS disclose that M/s. Bajaj Transport Limited is the marketing wing of the manufacturer. The appellant is the dealer. The appellant placed indent for delivery of vehicles at Davanagere. The appellant entered into contract with M/s. Chandru transport for delivery of the vehicles from pune to Davanagere. The 5th respondent has issued a transit policy. The vehicle in question is a tempo trax, a passenger service vehicle but the vehicle was yet to be registered as a public service vehicle as on the date of transit and the accident. The driver of the tempo trax permitted the deceased to travel in the tempo. During the course of journey, the accident occurred. The Tribunal dismissed the claim against the insurer on the ground that the transit permit does not create legal liability on the insurer to pay compensation and directed the appellant-dealer to pay the compensation.

(3.) THE facts stated in the appeal grounds clearly disclose that the vehicles were delivered to the agent of the appellant viz. Chandru Transport with whom the appellant had entered into contract for delivery at Davanagere. Therefore, delivery of the vehicles by the manufacturer to Chandru transport is deemed in law as delivery to the appellant. The transport was at the risk of the appellant and while the vehicle was in the custody of the agent of the appellant the accident occurred. Therefore, the award made against the appellant is sound and proper.