RAMESHBHAI NARAYANBHAI VEKARIA& VALJIBHAI POPATBHAI GONDALIA Vs. DHANIBEN SAVJIBHAI KOLADARA WD/O DECD SAVJIBHAI S

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 17.12.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C.P. No.53/1994 whereby, the claim petition was partly allowed and respondent no.1, original claimant, was awarded total compensation of Rs.3,40,000/- along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.

(2.) THE aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 06.12.1993 on the Bhavnagar ? Rajkot Highway involving a Tempo bearing registration No. GRP 6302 driven by respondent no.2 herein and owned by the appellant herein.

(3.) THE Certificate of Registration Book (R.C. Book) of a vehicle is the valid document for ascertainment of ownership of a vehicle. In the instant case, it appears from the document Exhibit-42 that ownership of the vehicle in question had changed hands on 09.11.1993. THErefore, the appellant ceased to be the owner of the said vehicle on 09.11.1993. THE accident in question occurred on 06.12.1993. Thus, on the date on which the accident occurred, the appellant was not the legal owner of the said vehicle. A contention has been raised on behalf of the respondents that the entry effected in the document Exhibit-42 is fraudulent. However, the said factum has not been proved. In view of the above, the fact remains that on the date of accident, the appellant was not the owner of the vehicle and hence, the Tribunal ought not to have held him liable to satisfy the claim.