JAYSINGHRAO DADU PATIL Vs. KUTUBUDDIN ISMAIL SOUDAGAR

JUDGEMENT

(1.) THE appellants in this first appeal seek to impugn the award dated 20-8-1995 passed by Motor Accident Claims Tribunal, Kolhapur. The claimants Kutubuddin Ismail Soudagar and Jahirabi who are respondent Nos. 1 and 2 herein filed a claim petition before the Motor Accident Claims Tribunal, Kolhapur on 10-6-1981. Initially, in the claim petition Jayasingrao Dadu Patil who is appellant No. 1 and Vasant Sattyappa Kambale who is respondent No. 3 herein were impleaded as opponents. Later on by way of an amendment Mr. M. J. Pawar who is respondent No. 4 herein was impleaded as opponent No. 3 and the United India Assurance Co. Ltd. and the New India Assurance Co. Ltd. , were impleaded as opponents Nos. 4 and 5 and appellant No. 2 herein Hindurao Dadu Patil was impleaded as opponent No. 6. The claim was made by the claimants who are father and mother of deceased Latif Kutubuddin Soudagar who died in motor accident which took place on 4-2-1981 in the city of Kolhapur. According to the averments made in the claim petition, the deceased Latif Kutubuddin Soudagar was going on bicycle on 4-2-1981 at Udyamnagar at about 9-15 p. m. The tractor bearing No. M. E. L. 8104 together with trolley No. MXL. 3379 which was attached to the said tractor driven by respondent No. 2 herein dashed against the cycle. The said tractor was being driven rashly and negligently and as a result of the dash the son of the appellant died on the spot. The deceased was educated upto S. S. C. and he was working in automobile workshop to gain experience and was getting pay of Rs. 250/- per month. At the time of accident, the age of the deceased was 20 years. The claimants claimed compensation amounting to Rs. 50. 000/ -. The respondent No. 4 M. J. Pawar was registered owner of the vehicle in question and the United India Insurance Co. Ltd. was the insurer of the tractor. The New India Assurance Co. Ltd. was impleaded allegedly as insurer of trolly bearing registration No. MXL. 3379. The present appellants were impleaded as purchasers of the said vehicle.

(2.) THE separate written statements were filed by all opponents except the driver. The present appellants allegedly purchasers of the vehicle set up the plea that they were not owner of the offending vehicle on the date of the accident and, therefore, no liability could be fastened on them. According to the present appellants. Mr. M. J. Pawar respondent No. 3 herein was the registered owner of the offending vehicle. The registered owner on the other hand set up the plea that the offending vehicle tractor No. MEL. 8104 was sold by him to the present appellants by way of an agreement dated 17-4-1980 and possession was handed over to them and the title of the said tractor was transferred to them. According to him, he had no concern whatsoever with the ownership and possession of the offending vehicle and all the liabilities including payment of loan and in respect of accident damages etc. were to be borne by the purchasers from the date of agreement dated 17-4-1980. Respondent No. 3 herein though admitted that the vehicle stood in his name in the document of registration of vehicle in question but it stood transferred to the present appellants. In the alternative, the registered owner prayed that if at all he is held responsible for the payment of compensation, since the vehicle was registered with the United India Insurance Co. Ltd. the said insurance company should be held responsible for payment of compensation.

(3.) THE Motor Accident Claims Tribunal after recording evidence held that the claimants were able to prove that the driver of the tractor drove the vehicle rashly and negligently and dashed against the cycle of deceased Latif Kutubuddin Soudagar resulting in his death. The Tribunal also held that claimants were entitled to compensation of Rs. 40,000/ -. The Tribunal however held that no liability could be fastened on the registered owner, respondent No. 3 herein and his insurer. The Tribunal accordingly passed the award against the present appellants amounting to Rs. 40,000/- towards damages to claimants together with costs and interest at the rate of 10% per annum from the date of accident. The Tribunal further directed that in case the aforesaid amount was not deposited within two months the rate of interest would run at the rate of 18% from the date of default.