P. K. BALACHANDRAN Vs. ABOO

JUDGEMENT

(1.) This is an appeal by the registered owner (original respondent No. 1 - P. K. Balachandran) relating to an accident dated 22-4-1989 when one Fathima was travelling in the bus KRK 7794 at about 6.30 p.m. at Chaliseery bus stop where she wanted to get down from the front door. There were other three ladies and therefore this Smt. Fathima was the fourth one to get down when the bus suddenly started with a jerk. Fathima fell down from the foot board and the left rear wheel ran over her body.

(2.) The Motor Accidents Claims Tribunal, Palakkad came in the seisin of the claim petition (O.P. (MV) No. 1161/89) with a claim for Rs. 2 lakhs. By the impugned award compensation of Rs. 1,14,500.00 with interest at 12% per annum from 4-10-1989 - date of the petition was awarded with cost and other orders.

(3.) During the pendency of the proceedings respondent No. 4 was impleaded. This was because of the contention of the present appellant-respondent No. 1 that at the time of the accident (22-4-1989) he was not the factual owner of the vehicle in question. He had sold the vehicle to respondent No. 4 for a consideration of Rs. 3,77,000.00. This was factually on 16-10-1988. It is pleaded that R. C. Book and other documents of the vehicle were given to him and therefore he was the real owner and not the appellant-respondent No. 1.