GOKALDASBHAI MAGANBHAI THAKKAR Vs. TULSIDAS SHAMJIBHAI

JUDGEMENT

(1.) The parties are heard.

(2.) The subsequent unregistered owner of the truck bearing Registration No. GTB-5309, being aggrieved by the award dated 20th February, 1982 passed by the learned Member, Motor Accident Claims Tribunal (Auxiliary), Rajkot in Claim Case No.131 of 1980, is before this Court with a submission that the learned Tribunal below should have held that the Insurance Company was answerable to the claim made by the claimants and that the registered owner would continue to be liable.

(3.) The short facts necessary for disposal of the First Appeal are that some labourers were travelling in the above referred motor truck between Morbi and Rajkot on 16th August, 1979. The truck was driven by Balubhai Haribhai and was alleged to be owned by Satarbhai Karimbhai and was insured with the Oriental Fire & General Insurance Company. It has come on the records that before the incident took place, the said Satarbhai Karimbhai had transferred the ownership of the truck in favour of the present appellant, Gokaldas Maganbhai. The truck on the fateful day, unfortunately, met with an accident, had gone turtle, as a result of which as many as four persons were crushed to death and some inmates also received simple and grievous injuries. After recording further evidence of the parties, the learned Tribunal below held that as the truck was already transferred by Satarbhai in favour of Gokaldas, but, no intimation was given to the Insurance Company that the ownership of truck had already been transferred and as there was no transfer of the policy, which was a personal contract between the first owner and the Insurance Company, the Insurance Company would not be liable. It passed the award of Rs.67,000/- against original respondent Nos.1, 2, 3 and 6, that is, Balubhai Haribhai - the driver, Satarbhai Karimbhai - the registered owner and Gokaldas, the appellant (subsequent owner).