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2013 Supreme(Ker) 354

THOMAS P.JOSEPH
Sreekumar – Appellant
Versus
Abdeen – Respondent


Advocate Appeared:
For the Appellant:.G.P. Shinod, G. Ram Mohan, V. Manu, Advocates.
For the Respondents:R1, Nagaraj Narayanan, Saijo Hassan, Benoj C. Augustin, I.J. Augustine, Sebin Thomas, Prathap Pillai, M. Noohukunju Sahib, R2 & R3, Binoy Vasudevan, Mrs. P.G. Babitha, Advocates.

Judgment :

1. A question of inter se dispute between the registered owner and the defacto owner of the offending vehicle and right of the registered owner to recover compensation paid to the injured from the defacto owner in a proceeding initiated by the injured before the Motor Accident Claims Tribunal (for short, "the Tribunal") is required to be decided in this appeal.

2. It is not disputed and proved that the first respondent suffered injuries in a motor accident involving a scooter on 31.05.2004. The Tribunal found that the accident occurred due to the 3rd respondent riding that scooter in a rash and negligent manner. The vehicle had no insurance coverage. The appellant contended that he had transferred the vehicle to Shine, S/o. Balakrishnan as per Ext.B1 on 25.10.1998. The second respondent purchased the said vehicle from Shine in the year, 2000. The appellant claimed that he is not liable to pay compensation to the first respondent.

3. The Tribunal referred to the relevant documents concerning transfer of the vehicle to Shine and the second respondent and observed in paragraph 12 of the award that since the appellant continued to be the registered owner of the vehicle on the













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