REGENT COMPUTRONICS PVT. LTD.

MADINENI KONDAIAH Appellant

V/S

YASEEN FATIMA Respondents

Referred Judgements :-

A.V.B. [REFERRED TO]
A.V.B. [REFERRED TO]
MONK V. WARBEY [REFERRED TO]
J.FOLLOWING ROGERSON V. SCOTTISH AUTOMOBILE AND GENERAL INSURANCE COMPANY LTD. [REFERRED TO]
A.V.B. [REFERRED TO]
A.V.B. [REFERRED TO]
TATTERSALL V. DRYSDALE [REFERRED TO]
CHIEF JUSTICE IN BOSS V. KINGSTONI [REFERRED TO]
SHAVE V. ROSNER [REFERRED TO]
PETERS V. GENERAL ACCIDENT AND LIFE ASSURANCE CORPN. LTD. [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. V. MOTI RAM [REFERRED TO]
KESAVAMURTHY V. AMIRTHAMMAL [REFERRED TO]
GENERAL INSURANCE CO. LTD. V. MEENA SHARMA [REFERRED TO]
A.V.B. [REFERRED TO]
M. BHOOPATHY V. VIJAYALAKSHMI [REFERRED TO]
BRITISH INDIA GENERAL INSURANCE COMPANY LIMITED VS. CAPTAIN ITBAR SINGH AND JAGJIT SINGH [REFERRED TO]
NEW ASIATIC INSURANCE COMPANY LIMITED VS. PESSUMAL DHANAMAL ASWANI [REFERRED TO]
MINU B MEHTA VS. BALKRISHNA RAMCHANDRA NAYAN [REFERRED TO]
PANNA LAL VS. CHAND MAL [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED VS. VIMAL RAI [REFERRED TO]
NORTHERN INDIA GENERAL INSURANCE CO LTD VS. KANWARJIT SINGH SOBTI [REFERRED TO]
HINDUSTHAN IDEAL INSURANCE COMPANY LIMITED VS. POKANTI ANKAIAB [REFERRED TO]
NAIDU KANAKAIAKSHMI VS. RAMINENI VENKATA SUBBARAO [REFERRED TO]
HINDUSTHAN GENERAL INSURANCE SOCIETY LIMITED VS. P R NARSA REDDI [REFERRED TO]
ZAKARIA VS. NAOSHIR CAMA [REFERRED TO]
J C CHENNARAYUDU VS. N LAKSHMAMMA [REFERRED TO]
REDDIPILLI CHINNA RAO AND VS. REDDI LORUDU [REFERRED TO]
UNITED FIRE AND GENERAL INSURANCE COMPANY LIMITED VS. P PARVATHAMMA [REFERRED TO]
MANAGER NEW INDIA ASSURANCE CO LTD VS. MOKA RAMANAMMA [REFERRED TO]
SOUTH INDIA INSURANCE CO VS. PURNA CHANDRA MISRA [REFERRED TO]
MADRAS MOTOR INSURANCE CO LTD VS. MOHAMED MUSTAFA BADSHA [REFERRED TO]
HEMA RAMASWAMI VS. K M VALARANCE PANJANI [REFERRED TO]
MARINE AND GENERAL INSURANCE CO LTD VS. BALKRISHNA RAMCHANDRA NAYAN [REFERRED TO]
BALWANT SINGH VS. JHANNUBAI [REFERRED TO]
INDIAN MUTUAL INSURANCE COMPANY NOW MERGED IN THE UNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD. VS. VIJAYA RAMULU AND ORS. [REFERRED TO]
SMT. GULAB BAI DAMODAR TAPSE VS. PETER K. SUNDER AND ORS. [REFERRED TO]

JUDGEMENT

(1.) (for himself and on behalf of Sardar Ali Khan, J.) C.M.A. No. 302 of 1976:- Naseeruddin Hussain was an employee in the Directorate of Industries and Commerce. He was on his way to office on a cycle on October 11, 1973. At 10-45 a.m. he was at Shah Inayat Ganj Police Station. The vehicle (lorry) ADT 263 was in front of him on the road. There was another lorry APT 7879 behind him. Mannu Singh, a Police Constable No. 2626 of Shah Inayat Ganj Police Station, stopped ADT 263. The Constable directed the driver of the vehicle to proceed on the "correct side" of the highway. The driver of ADT 263 thereupon reversed the motion of the vehicle. He swerved the vehicle and dashed APT 7879 and hit Naseeruddin. Due to injuries received at the accident on the same day at the hospital Naseeruddin died. His spouse and her eight children clauned damages before the Motor Accidents Claims Tribunal. They were awarded Rs. 32,000/towards compensation. The Tribunal, inter alia, ordered M. Kondaiah (the purchaser of ADT 263) to pay the amount to the dependents of the deceased. Aggrieved thereby, Kondaiah filed the above appeal.

(2.) In this appeal, the findings reached by the Tribunal on the points of negligence or on the quantum of compensation are not assailed. The issue raised relates to ownership of vehicle ADT 263.

(3.) M/s. Rajkamala Transport Company were the original owners of the vehicle. The Transport Company are alleged to have sold the vehicle on March 14, 1973, under agreement, Ex.B.1, and received Rs.85,000/- from Kondaiah towards sale consideration of the vehicle. Rs. 60,000/- were paid on the date of agreement and balance of sale price Rs. 25,000/- on March 29. The vehicle was delivered to Vendee on the former date. The Vendor had a road permit for the vehicle The permit was also delivered to the Vendee with the vehicle. The vehicle was insured for third party risks on July 30, 1973 for Rs. 50,000/- The insurance policy was not transferred to the Vendee. The Vendee or Vendor did not inform the insurance company of transfer of the vehicle. The facts show the Vendee used the vehicle between March and October of 1973 without obtaining a fresh insurance policy to protect third party interests. The Vendee further did not lodge before the registering authority any petition under the Motor Vehicles Act (Act 4 of 1939) under S.31 for mutation of vehicle certificate in his name.

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MADINENI KONDAIAH Vs. YASEEN FATIMA

Referred Judgements :-

JUDGEMENT

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