C J THOMAS Vs. ELIAKKUTTY

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accident Claims Tribunal, Palakkad in O.P. (M.V.) No. 472/95. One Varkey Lucca, husband of the first petitioner in the claim petition and father of claimants 2 to 4 sustained injuries in a road accident and the Tribunal awarded a compensation of Rs. 61,520, the main dispute was with respect to the ownership of the vehicle.

(2.) R-1 admittedly is the registered owner of the vehicle. It is the case of R-l that by virtue of agreement dated 5th March, 1995 in favour of the 3rd respondent in the claim petition, the 1st respondent had transferred the vehicle involved in the accident in favour of the 3rd respondent for a consideration of Rs. 5,500 and on the very same day he had handed over the registration book and sale letter, etc. and the 3rd respondent had taken possession of the vehicle. It is also specifically stated in the agreement that:

(3.) So by recitals in the agreement the 3rd respondent has undertaken to the discharge the liability that will take place after the date of sale i.e. on 5th March, 1995. The said agreement has been proved by examining the 1st respondent as R.W. 1 and one of the attesting witness as R.W. 2. So Ext. Bl stands proved.