P.R. RAMACHANDRA MENON, J.

1. Claimant is the appellant before this Court. Grievance is mainly against the verdict passed by the Tribunal exonerating the insurance company from the liability, holding that the policy taken was not in the name of the owner of the vehicle but in the name of the previous owner and hence that there was no privity of contract to be mulcted with the liability towards the third party/claimant.

2. Sequence of events is as follows:-

The appellant herein was travelling as a passenger in the autorikshaw bearing No. KL5B 2463 and while so, when the autorikshaw reached the place of occurrence, allegedly because of the rash and negligent driving of the autorikshaw, it capsized causing serious injuries to the passenger, which led to the claim petition filed before the Tribunal. Though the second respondent was shown as the registered owner, it was subsequently brought out that the said respondent had already transferred ownership of the vehicle to another person, who hence was brought in as the additional 4th respondent. But for the 3rd respondent Insurance Company all other respondents before the Tribunal chose to remain ex-parte. As mentioned already, acc