MATHEW THANKACHAN Vs. V G MANOHARAN

JUDGEMENT

(1.) Two injured persons involved in a motor accident which took place on 3-5-1983 filed claim petitions under Sec. 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') before the Additional Motor Accidents Claims Tribunal, Mavelikara claiming compensation in respect of the injuries sustained by them. The above petitions were decided by the Tribunal by a common award dated 6-10-1989. As against the said common award the registered owner of the offending vehicle filed the above appeals under Section 110-D of the Act mainly praying to absolve his liability to pay the compensation awarded by the Tribunal.

(2.) The registered owner of the offending vehicle was one Mathew Thankachan and he transferred it in favour of one M. K. Gopalan as per Ext. R1 agreement dated 29-6-1982. M. K. Gopalan later transferred the vehicle to one E. I. John and when it was in his custody the accident occurred. The offending vehicle had no insurance policy but the New India Insurance Company Limited was impleaded before the Tribunal. In the absence of any valid insurance policy the liability of the said Company was absolved.

(3.) The accident occurred while the offending vehicle was driven by one Chandran Pillai. The tribunal after the enquiry found that Chandran Pillai was responsible for the accident for, he had driven the vehicle in a rash and negligent manner. The tribunal ultimately after awarding the compensation held that the amount of compensation shall be paid by Mathew Thankachan, Chandran Pillai and E. I. John. No liability had been fastened on M. K. Gopalan who was the transferee of the vehicle from Mathew Thankachan as per Ext. R 1.