N. SIVASUORAINANF Vs. VENKATESAN AND ANOTHER

JUDGEMENT

(1.) For the injuries, pecuniary and non-pecuniary damages, the respondent/claimant has filed M.C.O.P. No. 312 of 2006, on the file of the Motor Accident Claims Tribunal (Sub-Judge), Thirupattur, Vellore District.

(2.) Mr. N. Sivasubramani and Mr. G. C. Babu, have been impleaded as respondents in the claim petition. The appellant/1 st respondent has filed a counter-affidavit, contending inter alia that the vehicle, Tata Sumo, bearing Registration No. TN 33 W 6566, involved in the accident, though was initially owned by him, subsequently on 29-1-1999, he has sold the vehicle to Mr. G. C. Babu, 2nd respondent and consequently, a delivery receipt has also been given. Hence, he submitted that on 2-3-2006, when the vehicle met with an accident, he was not the owner of the vehicle and, therefore, no liability can be fastened on him. It is also his case that the driver, who caused the accident, was not employed by him.

(3.) Both sides adduced evidence.