P SUJATHAMMA Vs. G M SIVA PRASAD

JUDGEMENT

(1.) The matter was heard in part on the previous occasion, for the petitioner. Heard Mr. S.V. Sundara Rajan, the learned advocate for the first respondent. There is no representation for the second respondent.

(2.) The appeal is against the order of the Motor Accident Claims Tribunal-cum-Additional District Judge, Madanapalle in O.P.No.27 of 1988 dated 15-9-1989 dismissing the claim petition which was filed under Section 110-A of the Motor Vehicles Act, 1939 (in short'the Act').

(3.) The appellants laid a claim for recovery of Rs. 15,000/- by way of compensation under 'no fault liability' due to the death of one Krishna Reddy, the husband of Claimant No. 1 and the father of other claimants. It was alleged that the accident was due to the rash and negligent driving of the motor cycle No. M.E.V. 2779 said to be belonging to the first respondent. The first respondent resisted the petition on the ground that he was no longer the owner of the vehicle on the date of the accident as he had transferred it to one Mahadevan, under the agreement Ex. B-1 dated 29-5-1987 which was found to be true during the enquiry. The Tribunal also found that the mother of the deceased being one of the legal heirs and person entitled to join the claim petition as either petitioner or respondent was not impleaded and therefore, the petition was liable to be dismissed.