SURENDRA BS Vs. PUTTASWAMY

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.11.2013 passed by the III Additional District Judge & Motor Accident Claims Tribunal, Mysuru in Review Petition No.7/2013 whereby the Tribunal has rejected the Review Petition filed by the petitioner herein.

(2.) The brief facts of the case of the petitioner are that the petitioner was the owner of the goods auto bearing registration No. KA-11-8069. The petitioner sold and conveyed the said vehicle in favour of Sri Nanjunda s/o. Muniyappa on 06.03.2010. Pursuant to the said sale deed, the name of the said purchaser Sri Nanjunda has been recorded in the owner's column of the RC Register 'B' extract produced as Annexure-'A'. From 06.03.2010 onwards, the petitioner ceases to be the owner of the vehicle bearing registration No. KA-11- 8069. On 29.6.2010, the said vehicle met with an accident resulting in the death of the daughter of respondent Nos. 1 and 2 - claimants before the MVC. Respondent Nos. 1 and 2 filed a claim petition in MVC No.47/2011 claiming the compensation of Rs.8,22,000/- on account of death of their daughter Kum. Renuka due to the injuries sustained by her in the road traffic accident on 29.6.2010. The Tribunal by its judgment and award dated 30.9.2011 granted a compensation of Rs.2,25,000/- with interest @ 6% p.a. holding the petitioner herein and also the driver of the vehicle as jointly and severally liable for payment of compensation.

(3.) Further case of the petitioner is that as on the date of accident, petitioner was not the owner of the goods auto vehicle bearing registration No.KA-11-8069 therefore, he filed the Review Petition before the Tribunal in Review Petition No.7/2013. Review Petition was dismissed by order dated 23.11.2013. Being aggrieved by the same, petitioner has filed this writ petition.