HEMA RAMASWAMI Vs. K M VALARANCE PANJANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award of the Motor Accidents Claims Tribunal, Cuddalore in so far as it is against the appellant, who is the fourth claimant before the Tribunal.

(2.) On 9-7-1971 at about 6.15 p.m. near Vellar Bridge Thozhudur, South Arcot District on the Madras Trichy Main Road, lorry bearing registration number PYK 1249, driven by one Veerasami collided with an Ambassador Car MSC 7340, driven by one Ramasami, the husband of the appellant. As a result of the said collision, the said Ramasami sustained multiple grievous injuries and he succumbed to those injuries on the way to the hospital. The driver of the car, who was also traveling with the said Ramasami also sustained injuries. On the ground that the said collision was due to rash and negligent driving of the driver of the lorry, the dependents, the mother, wife and two children of the deceased Ramasami filed a claim before the Claims Tribunal claiming a compensation of Ra 2,00,000/-. The first claimant was the mother and the claimants 2 and 3 were the children of the deceased by his first wife and the fourth claimant-was his second wife.

(3.) The said claim was resisted by the first respondent, the original owner of the lorry and the third respondent, the Insurance Company with which the lorry had been insured. The second respondent, who was the transferee of the lorry some time before the accident however remained ex parte. The stand taken by the respondents I and 3 in -the claim petition before the Tribunal was that they are not, liable to meet the claims for compensation, that the lorry had been transferred in favour of the second respondent on 17-4-1971 and the accident having taken place on, 9-7-1971, neither the first respondent, the original owner of the vehicle nor the third respondent, Insurance Company are liable to meet the claim and that it is only the transferee who has become the owner of the vehicle is liable to meet the claim.