ABDULLA N. Vs. DEPUTY TAHSILDAR

JUDGEMENT

(1.) PETITIONER was the registered owner of a lorry bearing registration No.KL/10/P-640. According to the petitioner, he sold the vehicle to one Mohammed and transferred the registration certificate in his favour w.e.f.3.10.2006. Certificate of Insurance Company also shows that it was transferred w.e.f.2.11.2006.

(2.) ON 3.1.2007, an accident occurred in which husband of the 3rd respondent and the father of respondents 4 and 5 was killed. They there upon filed O.P.(MV).618/08 before the MACT, Manjeri. In that proceedings, petitioner was impleaded as the 2nd respondent. However, he remained ex parte. The Insurance Company filed Ext.P3 written statement. In paragraph 2 of the statement, it was stated thus:-

(3.) THE contention of the petitioner is that long prior to the accident, in October 2006 itself, he had transferred the vehicle to Sri.Mohammed. Therefore, he could not have been made liable for the compensation awarded. It is also argued that the Insurance Company had brought this fact to the notice of the parties and the Tribunal through Ext.P3 written statement. It is stated that in spite of it, claimants did not implead the transferee and the Tribunal also did not take cognizance of the same and instead, passed an Award against the petitioner. This, according to the petitioner, is illegal.