GOVIND SINGH Vs. A.S. KAILASAM

JUDGEMENT

(1.) THE unsuccessful petitioners before the Additional Motor Accidents Claims Tribunal, Madras (Court of Small Causes, Madras) are the applicants.

(2.) ONE Heera Bai, the wife of the first appellant and mother of appellants 2 to 4, sustained a minor injury on her left foot on 4 -6 -1967 due to being knocked down by the first respondent's car. But unfortunately, she developed tetanus despite receiving medical attention at the Government Royapettah Hospital for the injury and died on 22 -6 -1967. The appellants alleged that the accident was due to the negligent driving of the car by the first respondent and claimed a compensation of Rs. 10,000. The second respondent was impleaded a party as it happened to be the insurer of the vehicle.

(3.) THE second respondent contended that the policy of insurance granted by it in respect of the car and was in favour of one Radhakrishnan Pai, that the said Radhakrishna Pai sold the vehicle to the first respondent on 28 -3 -1967 without intimation to the second respondent, that the policy was effectively transferred to the name of the first respondent only with effect from 26 -6 -1967, that, as such, no contractual liability under the policy of insurance existed on the date of the accident and, therefore, any liability for the accident has to be met solely by the first respondent.