VARAPANA SEETHARAMI REDDY Vs. GUVVALA SEKHARAMMA

JUDGEMENT

(1.) Heard Mr. D. Raghava Reddy, learned counsel representing the revision petitioner-1st respondent - and Mr. Narender Reddy, learned counsel representing the State Bank of India.

(2.) Mr. Raghava Reddy, learned counsel would contend that the application was moved by the revision petitioner, the 1 st respondent in M.V.O.P. No. 377 of 2002 on the file of learned Motor Vehicle Accident Claims Tribunal-cum-Principal District Judge, Kadapa, under Order-l Rule 10 of the Code of Civil Procedure (hereinafter referred to as 'Code') for impleading the State Bank of India, Chinnamandem Branch (hereinafter referred to as 'S.B.I.), as party respondent, on the ground that the revision petitioner secured loans from the S.B.I, for purchasing the motor vehicle in question under 'hire purchase agreement' and hence the ownership of the vehicle continues with the S.B.I, by virtue of the said 'hire purchase agreement'. Learned counsel had drawn the attention of this Court to the definition of 'hire purchase agreement' underthe provisions of The Hire-Purchase Act, 1972 (Act No. 26 of 1972) (for short the Act').

(3.) Per contra, Mr. Narender Reddy, learned counsel would maintain that merely because the loan was advanced for purchase of motor vehicle, which is under hypothecation, it cannot be said that the S.B.I, is the owner of the motor vehicle in question and hence the liability relating to the payment of compensation cannot befastened as against the State Bank of India. The learned counsel would maintain that in view of the same S.B.I, cannot be said to be a necessary party to compensation claim. Learned counsel also had taken this Court through the reasons recorded at paragraph No. 3 of the impugned order and would submit that the view expressed by the learned judge is the correct view in the facts and circumstances of the case and the said order needs no disturbance at the hands of this revisional Court since there is no jurisdictional error committed by the learned Judge in making the said Order.