DHARMAN Vs. N C SRINIVASAN

JUDGEMENT

(1.) The owner and driver respectively of a motor cycle against whom the Motor Accidents Claims Tribunal, had passed an award, confirmed by this Court in appeal, have preferred this Letters Patent Appeal.

(2.) Facts briefly are : On 6-3-1980 at 7.05 p. m. motor cycle bearing registration No.TMC 6883 which had formerly belonged to the third respondent herein and on the day of the accident had belonged to the first appellant, was driven in a rash and negligent manner by the second appellant and dashed against the first respondent-claimant and caused him serious injuries. The first respondent filed O. P. 525 of 1980 under Sec.110-A of the Motor Vehicles Act (hereinafter referred to as the Act) before the Motor Accidents Claims Tribunal, Madras, claiming a compensation of Rs. 25,000/-.

(3.) The appellants resisted the claim contending that the accident was not due to the rash and negligent driving of the second appellant, but was due to the negligence of the first respondent in suddenly crossing the road. The second respondent, the Insurance Co., resisted its liability contending that the vehicle belonged to the third respondent herein, with whom alone there was a valid policy of insurance and the vehicle having been transferred during the period of cover to the first appellant, the second respondent could not be called upon to indemnify the first appellant. On this counter, the third respondent was also made a party and he chose to remain ex parte.