NATIONAL INSURANCE CO. LTD. Vs. SOMAN N.

JUDGEMENT

(1.) Is the owner of a motor vehicle who is yet to get the registration of the vehicle transferred to his name entitled to institute a proceedings for compensation before the Motor Accidents Claims Tribunal in respect of the damage caused to it in a motor accident, is the question falls for consideration in this matter.

(2.) The facts relevant are the following:- A car owned by the second respondent hit against a car owned by the first respondent on 02/10/2016. The third respondent was driving the car owned by the second respondent at the time of accident. The first respondent thereupon instituted a proceedings before the Motor Accidents Claims Tribunal alleging that the accident occurred on account of the negligence of the third respondent and claimed compensation in the proceedings for the damage caused to his car from respondents 2 and 3 and also from the appellant who was the insurer of the car owned by the second respondent at the relevant time. The appellant contended that the first respondent is not the registered owner of the damaged car and he has, therefore, no locus standi to institute a proceedings for compensation in respect of the said car. The Tribunal found that though the damaged car was one purchased by the first respondent in terms of Ext. A3 receipt on 15/06/2016 for a sum of Rs. 4,40,000/- from its registered owner, its registration was not transferred to the name of the first respondent. Nevertheless, the Tribunal took the view that the first respondent is entitled to institute the proceedings for compensation for realisation of the loss caused to him in respect of the car. An award was passed by the Tribunal accordingly, directing the appellant to pay a sum of Rs. 82,254/- by way compensation to the first respondent. The appellant is aggrieved by the said decision of the Tribunal. Hence, this appeal.

(3.) Heard the learned counsel for the appellant.