S GOPALAKRISHNAN Vs. VIJAYA PICTURES

JUDGEMENT

(1.) This appeal is filed by the claimant in M.C.O.P.No.1261 of 1986, aggrieved over the award dated 04.05.1990 passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Madras.

(2.) The case of the appellant/claimant before the Tribunal was that on 02.10.1985, while he was travelling as a passenger in an auto-rickshaw bearing registration No.TMM 3533 from T.Nagar towards Kodambakkam, a car bearing registration No.ADM 2175 from Habibullah Road came in a rash and negligent manner and dashed against the said auto and as a result of which, the auto capsized and the appellant sustained grievous injuries. Hence, he filed a claim of Rs.one lakh as against the owner of the car, namely, the 1st respondent herein and the insurer, the 2nd respondent insurance company.

(3.) The 1st respondent, owner of the car, filed a counter stating that they were not the owners of the car bearing registration No.ADM 2175 at the time of the accident. The said vehicle was sold and delivered to one Sarath Babu, son of Subba Rao on 15.10.1982 and on the same day, the 1st respondent obtained a letter from the said sarath Babu, acknowledging the sale and delivery of the car. Only on receipt of the court notice, the 1st respondent came to know that Sarath Babu has not transferred the registration certificate in his name and, as such, the 1st respondent cannot be held responsible for the payment of compensation.