ALAVI Vs. VELAYUDHAN

JUDGEMENT

(1.) THIS is an appeal by the 1st respondent, the owner of the vehicle, in a motor accident claim. The application for compensation arose out of an accident at Pariyapuramon 1-2-1983 involving motor cycle No. KRR 5250 belonging to the 1st respondent who was driving the same at that time. The 2nd respondent before the Tribunal was the insurer and the supplemental 3rd respondent was impleaded on the contention put forward by the 1st respondent that the 3rd respondent is the owner of the vehicle. According to the claimant he was walking towards east through the northern side of the road on 1-2-1983 when all on a sudden the motor cycle owned and driven by the 1st respondent came from east through the wrong side of the road in an uncontrollable speed and hit him. He sustained serious injuries and regained consciousness only while he was in the hospital. He had to undergo prolonged treatment, he is unable to move his right hand properly, he is having acute headache and his capacity to earn has been totally affected. He claimed an amount of Rs. 35,000/-as compensation.

(2.) THE 1st respondent filed a written statement contending that he is not the owner of the vehicle, that it belongs to one a. K. Chandrasekharan (who was later impleaded as additional 3rd respondent) and he being a friend of Chandrasekharan was riding the vehicle with his consent and knowledge, that it has been insured with the 2nd respondent by the said chandrasekharan and that he is not liable to pay any compensation.

(3.) AFTER taking evidence in the matter, the Tribunal came to the conclusion that the accident occurred due to the negligence of the 1st respondent and that the 3rd respondent had transferred the vehicle to the 1st respondent, long before the date of the accident. The Tribunal further held that the Insurance Company is also not liable as the transfer of the vehicle was not intimated to them and as they have not issued any policy in favour of the 1st respondent. It was also found by the Tribunal that the claimant is entitled to a total compensation of Rs. 21,500/- under various heads and that the appellant-1st respondent is solely liable to pay the above amount. The appeal is by the Ist respondent, against the above award.