S K PREMARAJ Vs. SHEBBA SUKUMARAN

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)663/06. The Tribunal awarded a compensation of Rs.33,800/- and directed the insurance company to pay the amount and held that the insurance company can recover it from respondents 1, 2 and 4 in the claim petition. Respondent 1 is the driver, respondent 2 is the original owner and 4th respondent is the admitted owner in possession of the vehicle on the date of accident.

(2.) NOW the appeal is preferred by the original owner namely registered owner for a direction not to recover it from him. NOW the peculiar facts and circumstances of the case would show that the vehicle was transferred by the 2nd respondent namely appellant in favour of the 4th respondent about 1= years prior to the accident. It appears that the registration certificate has not been transferred. But it has to be stated since it is a sale coming under the Sale of Goods Act, handing over of possession coupled with receipt of consideration completes the sale and there is divestiture of title. Therefore R4 has become the owner of the property. Further the definition of the old Act u/s 2(30) of the M.V.Act also include the person who is in possession of the vehicle. Therefore it can be very safely held that R4 in the claim petition was the owner at the time of the accident.