OM PRAKASH AND ORS. Vs. GHEESI AND ORS.

JUDGEMENT

(1.) This is an appeal against the award of the Motor Vehicles Accidents Claims Tribunal, Pali dt. 6-8-1982 whereby the claim of the claimants has been accepted and a sum of Rs. 24,00.00 have been awarded in favour of the claimant No. 2, and a sum of Rs. 7,200.00 in favour of claimant No. 3.

(2.) The brief facts giving rise to this claim petition are that on 7-6-1978 Kailash (deceased) was driving his motorcycle No. RJE 1751 and was coming from Shivganj to Pali. On the back seat of the motor cycle his friend Jayanti Lal (P.W. 3) and Bharat Kumar (P.W. 6) were sitting. When he reached near Sanderao, he collided against a car No. MHI 3886 which was coming from opposite side in rash and negligent manner, as a result of this deceased Kailash died and Jayanti Lal (P.W. 3) and Bharat Kumar (P.W. 6) were injured. The claim petition was filed by the dependents of Kailash (deceased) mother and widow. The present claim petition was filed against the owner of the car Om Prakash who was driving. The claim was also filed against one C.D. Talreja who was the previous owner of this vehicle. The present vehicle was insured with M/s Oriental Fire and General Insurance Company. Therefore, Insurance Company was also impleded as party respondent. The Tribunal decreed the claim of the claimant against non claimant No. 1 owner of the vehicle as it was found that vehicle was purchased by Om Prakash from owner Shri C D. Talreja. The Tribunal obsolved Shri C.D. Talreja from any liability and like-wise the Insurance Company. The owner Om Prakash appellant has filed the present appeal.

(3.) Mr. Maheshwari learned counsel for the appellant has seriously contested that since , the vehicle was insured with M/s Oriental Fire and General Insurance Company should be made liable. In this connection, Mr. Maheshwari has invited my attention to section 103-A of Motor Vehicle Act and the statement of C.D. Talraja (O P.W. 6) and Mr. Mardio (O.P.W. 1) officers of the Insurance Company. He has also invited my attention to documents C-23/3 a intimation sent by the previous owner Shri C.D. Talerja (OPW-2) for the transfer of the vehicle. Mr. Maheshwari learned counsel submitted that since C.D. Talreja (CPW-2) the previous owner of this vehicle, sent the intimation to the insurance company of the transfer of this vehicle vide documents C-23/- the company has not denied transfer therefore, it should be presumed that company accepted the transfer and the company should be made responsible to indemnify the claimant. He has also invited my attention to the statement of Mr. Mardis (OPW- whom this document was put and he expressed his ignorance about such intimation.