( 1 ) IN this reference under Section 7 of the Karnataka High Court Act, the following questions are referred for the opinion of the Full Bench :-" (1) Whether the Full Bench decision of this Court reported in ILR 1990 Kar 1 : (AIR 1990 Kar 116 (FB) applies to a case only where the transfer of ownership of a vehicle is entered in the Certificate of Registration as required under Section 31 of the Motor Vehicles Act, 1939, and has no application where it is not so entered ? (2) If the answer to the above question is in the negative, whether the decision reported in 1990 (2) Kar LJ 281 is good law ?"

( 2 ) SINCE the reference has arisen in a review petition, the brief facts of the case leading to the reference are stated as under :- on 24-2-1987, the car bearing Registration No. MR- 5694 driven by respondent-5, while proceeding on Saundatti-Munawalli Road in Belgaum District, dashed against P. W. 1 Gujjawwa and Tulasawwa, causing injuries to the former and instant death of the latter person. The accident and the resultant death of Tulasawwa and injuries sustained by P. W. 1 are not disputed. It is also established that the accident was due to the negligence of the driver of