M. KUBENDRA RAO Vs. R. VENKATACHALAM AND ANR.

JUDGEMENT

(1.) This is appeal is preferred by an alleged owner of the motor vehicle who was held dis entitled to claim damages that his car had suffered in a road accident.

(2.) On 27-11-1999, early in the morning, the car belonging to the claimant met with an accident when a lorry bearing Registration No.CAM 6566 belonging to the first respondent insured with second respondent had collided against it. The car was on its return trip to Bangalore and the accident had taken place near Hosur. The inmates of the car suffered injuries and both the injured passenger as well as the petitioner have preferred separate claims, in the former case for personal injuries to person, and in the latter case for damage to the vehicle against the owner and insurer of the offending lorry. By a common order, the Tribunal allowed the claim for injury suffered to the inmate of the car whereas it dismissed the claim for damage to the car. The claimant contended that the car had suffered extensive damages to a tune of Rs.1,53,000.00 but the claim was dismissed by the Tribunal on the ground (a) that he was not the registered owner of the vehicle to maintain a claim before the MACT; (b) that the quantum of claim is not proved.

(3.) Before this Court, the learned counsel for the appellant submitted that the vehicle was sold by its registered owner to the claimant and the property in the goods has already been vested in the claimant. Secondly, the policy is a comprehensive policy and the second respondent is liable to meet the entire liability.