This is an appeal by the Madras Motor Insurance Co., Ltd., defendant 4, in an action in the Court below for damages for rash and negligent driving of a motor car, which caused a very grave accident, killing the son of the two plaintiffs, by name Mohamed Mohideen. The appellant Company apparently came into the suit as the insurer, to whom notice of the proceedings was given, and who was entitled to be made a party and to defend the action, within the scope of section 96 (2) of the Motor Vehicles Act (IV of 1939). The main defence of the appellant Company is this. The concerned vehicle (MSZ 2556) belonged to defendant 1 (Sukumar Productions) and was covered by an insurance policy with the appellant-Company, as well as by the certificate of registration in the name of the owner as required by the rules. The accident was on 13th January, 1951 at about 3 p.m. The first defendant contended in the suit that he sold this motor car to defendant 2, one Sri N. Ramakrishnan, even on 8th January, 1951, and that he also delivered the car to the transferee earlier, as well as the C Certificate, the insurance policy and other documents. The person who actually drove the vehicle at the t