JUDGMENT :

JUSTICE N.SESHASAYEE

PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1 Code of Civil Procedure 1908 read with Section 173 of Motor Vehicles Act, 1988, praying to set aside the award in M.C.O.P. No.473/2019 dated 10.03.2022 on the file of the Chief Judicial Magistrate cum Motor Accidents Claims Tribunal, Krishnagiri.

1. Can a liability be fastened on the dealer of the motor vehicle for payment of compensation to a victim of a motor accident of an unregistered, uninsured motor vehicle, is the issue that engages this Court in this appeal. This issue has visited another learned single Judge of this court earlier in The Managing Director, Sakthi Auto Agencies Vs Santhi and others [2023 (1) TNMAC 584]. More about it later.

Facts

2.1 The appellant herein is a dealer of two wheelers, in Krishnagiri. On 19.01.2018, it had sold the two wheeler in question to the second respondent, and delivered it to the purchaser under Ext.R1 delivery challan. This two wheeler was then removed to Chennai. Couple of months have elapsed since the purchaser had taken delivery, still she chose not to register the vehicle.

2.2 While so, on 26.03.2018, the husband of the second respondent, the