A.P. KURIAN Vs. K.M. POULOSE

JUDGEMENT

(1.) THE appellant is the 1st defendant. The suit was filed by the 1st respondent herein claiming realisation of money which was remitted by him towards Motor Transport Workers Welfare Fund. The total amount claimed is Rs. 1,85,271/ - with interest.

(2.) THE plaintiff's case was that he was the owner of a bus bearing Reg. No. KRE 2309 with permit for plying the vehicle in the Paniyteli -Mattanchery route. On 25.02.1983, an agreement was entered into between the plaintiff and late Paily, the father of the 1st defendant (appellant herein) by which the bus was transferred to late Sri Paily. The plaintiff continued to be the registered owner of the vehicle as there was hypothecation of the vehicle in favour of Sundaram Finance, Chennai. After the death of Paily, the 1st defendant became the owner of the vehicle and was conducting the service. He had defaulted payment towards contribution to the Motor Transport Workers Welfare Fund. Since he became the owner of the vehicle, he was liable to pay arrears. The 1st defendant as per agreement dated 25.02.1991, had also undertaken to clear of all the liabilities and make regular contribution to the Welfare Fund. Thereafter, the authorities had to initiate revenue recovery proceedings when he defaulted the payment and action was proceeded against the plaintiff for recovery of an amount of Rs. 1,85,271/ -. The same is the basis of the plaint claim.

(3.) 4 issues were framed by the court below as evident from para. 6 of the judgment. No oral evidence was adduced on behalf of the plaintiff. But Exts. A1 to A12 were marked on the side of the plaintiff. DW 1 was examined and Exts. B1 and B2 were marked on the side of the defendants. After assessing various materials, the court below came to the conclusion that the plaintiff is entitled to the reliefs sought for.