Thomas, J.

Smt. Anitha U. Menon, learned counsel for the appellant made a forceful plea that the legal position hitherto followed by this court regarding "owner" of a motor vehicle needs re-consideration in view of the change in the definition as brought by S.2(3) of the Motor Vehicles Act, 1988 (for short the Act').

2. Such a contention was put forward in the following background. On 13-11-1987 around noon a bus driven by its driver with passengers inside, capsized and a number of passengers sustained injuries. They filed claim petitions before the Motor Accidents Claims Tribunal (for short 'the Claims Tribunal) against one Divakara Menon who was then the registered owner of the said bus and also against the driver as well as the insurer. But the said Divakara Menon died before he could file his objections. However, his legal representatives who were impleaded filed objections and then contended that ownership of the bus was transferred by Divakara Menon even before the accident to some other person from whom the appellant brought it and it rested with the appellant on the date of accident. Hence the appellant was impleaded as a party. Appellant in his written statement