OUSEPH VARGHESE Vs. KUNJOONJU ALEKUTTY

JUDGEMENT

(1.) THESE appeals are by the 5th respondent in two claims under Section 110-A of the Motor Vehicles Act, 1939, arising out of the same accident which took place on 22.9.1974. The question arising in these appeals is whether the appellant could be made liable for the amounts awarded, namely, Rs. 20,000/- in O.P. No. 657 of 1980 and Rs. 7,000/- in O.P. No. 661 of 1980.

(2.) THE first respondent in the claims was impleaded as the owner of the vehicle. He contended that the vehicle belonged to the appellant and accordingly the appellant was brought on record as the owner of the vehicle. The appellant who was thus impleaded filed his objection stating that the first respondent was the registered owner of the vehicle and that the liability was his. He also stated that the statement in the claim petitions that he had purchased the bus on 22.9.1974 was false. Two witnesses were examined on the side of the claimants and some documents were also produced to prove the ownership of the vehicle in the 5th respondent. None was examined on the side of the appellant or for that matter on the side of any of the respondents in the claims. On an appreciation of the evidence, the Claims Tribunal came to the conclusion that the appellant was the owner of the vehicle and accordingly made him liable for the amounts awarded in the two claim petitions. These awards are challenged in these appeals.

(3.) WE do not find any merit in these appeals and they are accordingly dismissed with costs.