R RAGHU Vs. PARVATHAMMA

JUDGEMENT

(1.) These two Miscellaneous First Appeals are filed by appellant-owner of Tata Ace commercial vehicle challenging the Judgment and award dated 01.07.2016 passed in MVC No.1508/2013 and MVC No.1507/2013.

(2.) It is the case of the appellant that in the year 2007 he bought Tata Ace commercial vehicle bearing registration No.KA-11-7610 and on 03.05.2012 he had sold the said vehicle to M/s.Prerna Motors Private Limited who are authorised dealers of Tata vehicles and had surrendered all the original documents including RC Book and transfer forms related to said vehicle. Said delivery receipt clearly stipulated that they will be responsible for the maintenance, accident, road tax, insurance challans or any kind of misuse after taking delivery of the vehicle. The delivery challan issued by M/s.Prerna Motors Private Limited and other documents are produced as additional documents along with these appeals.

(3.) The appellant has received summons in MVC No.1508/2013 and MVC No.1507/2013 and contended that relevant documents for sale of the vehicle were given to the counsel, who was representing him before the Tribunal but the counsel did not place the same before the Tribunal and the ownership on the date of the accident is to be determined and documents produced along with these appeals along with additional documents are necessary to adjudicate the said issue and hence applications-I.A.2/2018 (in both the appeals) filed under Order 41, Rule 27 of Code of Civil Procedure for production of additional documents may be allowed and matter may be remanded back to the Tribunal for fresh disposal by considering the said documents.