THANGARAJ Vs. AMEER HUSSAIN

JUDGEMENT

(1.) The appellant herein is the claimant in MCOP No. 152 of 1994, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Coimbatore.

(2.) The brief facts of the case are as follows : On 7-3-1993 at 3.00 p.m. while the claimant was walking along with the other family members on the Trichy main road near Coimbatore Medical College, a Scooter bearing Registration No. TN-V-4838 came behind him in a rash and negligent manner and hit him as a result of which he sustained fracture in his right leg. After taking treatment, he filed a petition claiming compensation of Rs. 1,50,000/-. The first respondent herein is the rider of the scooter, the second respondent herein is the registered owner of the vehicle.

(3.) The second respondent herein resisted the claim by filing counter before the Tribunal stating that on 16-2-1987 itself, he sold the said vehicle to one Kathirvel S/o. Krishnan residing in front of the Head Post Office, Coimbatore, and also handed over possession of the vehicle also. He also signed the relevant documents and handed over them to the said Kathirvel. Subsequent to the filing of the counter by the second respondent herein, the interim application was filed to implead the said Kathirvel as one of the respondents. An amended claim petition also was filed including the third respondent herein as one of the respondents. Though notice was served by the Tribunal, both the first and third respondent herein have remained ex parte before the Tribunal.