N S PALANI Vs. SULACHANA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by a person who was the erstwhile owner of the offending vehicle involved in the accident but whose name continued to be reflected in the Certificate of Registration (RC Book), when the accident took place.

(2.) One Narayanasamy was riding TVS Champ motor vehicle along with one Subbaraj on Kandamanur to Kadamalikundu main road on 05.09.2002, when the third respondent herein, Rajkumar, riding his TVS Suzuki motor cycle bearing Registration No.TN-57-6663 in a rash and negligent manner dashed against the said TVS Champ. On account of the injuries suffered in the said accident, the said Narayanasamy passed away. His wife and son/the respondents 1 and 2 herein filed M.C.O.P.No.322 of 2003 on the file of the Sub Court, Periyakulam claiming compensation.

(3.) In paragraph 5 of the claim petition, the claimants fairly stated that the offending vehicle appeared to have been sold by the appellant herein in favour of the other respondents. Unfortunately, there was no insurance cover for the vehicle in question. The appellant pleaded that he had sold the vehicle in favour of Mr.Raja / the fourth respondent herein on 22.04.2002. Mr.Raja appears to have sold the same in favour of Jayaraman, who in turn sold it to Rajkumar @ Jakaiyan, who rode the vehicle at the time of accident. The appellant herein marked Ex.R.1 to prove his contention that he had already sold the vehicle. That the appellant was not the legal owner of the offending vehicle on the date when the accident took place was established beyond doubt. In fact, it has been conceded by the claimants themselves as evident from the averments in the claim petition. The Court below however directed the appellant herein along with the offending rider Rajkumar @ Jakaiyan to pay a sum of Rs.5,70,756/- as compensation to the claimants with interest by its award dated 28.11.2008.