N VEERABHADRA RAO Vs. SAMADAMMA

JUDGEMENT

(1.) Mfa No.1541/2010 is filed by the registered owner of motor cycle bearing registration No.KA-17-E-4132, the vehicle involved in the accident challenging the judgment and award passed by the Motor Accident Claims Tribunal, Chitradurga, in MVC No.1137/1998, insofar as fastening liability on appellant-Dr.N.Veerabhadra Rao jointly and severally along with respondent No.4-Sri M.N.Ramanamurthy to pay compensation in a sum of Rs.1,70,000/- along with interest at 6% p.a. from the date of petition till realization. MFA No. 3428/2010 is filed by claimant seeking enhancement of compensation awarded by Tribunal.

(2.) Parties are referred to as per their ranks before the Tribunal. Factum of occurrence of accident due to the rash and negligent driving on the part of rider of motor vehicle is not in serious dispute. The main grievance of respondent No.2 is that, as on the date of accident i.e. 03.05.1998, he was not the owner of vehicle, inasmuch as he had transferred the vehicle in favour of respondent No.4-M.N.Ramanamurthy, by way of sale for valuable consideration of Rs.22,000/- on 14.07.1996 and had delivered possession of the same. It is relevant to note here that, in the claim petition originally filed, claimant had not made M.N.Ramanamurthy as partyrespondent. Claimant had sought for relief only against the owner, driver and insurer of the vehicle. After objections were filed by respondent No.2 stating that he had sold the vehicle in favour of M.N.Ramanamurthy on 14.07.1996, an application appears to have been filed seeking impleadment of the said M.N.Ramanamurthy. But, M.N.Ramanamurthy did not appear before the Court. He was ordered to be impleaded as respondent No.4. But, claimant did not seek any amendment to the claim or relief in claim petition praying for fastening liability on M.N.Ramanamurthy exclusively or jointly along with respondent No.2-RC Owner, driver and insurer.

(3.) During the course of evidence, claimant examined himself as PW.1 and two other witnesses were examined as PW.2 and PW.3 and produced Ex.P.1 to Ex.P.9 and closed his side. Respondent No.2 examined himself as RW.1 and another witness by name H.T.Satyendra was examined as RW.2 and Ex.R1 to Ex.R.10 were produced and marked.