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2023 Supreme(Online)(MAD) 432

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SESHASAYEE
M/s.Chinnasamy Agencies – Appellant
Versus
Amala Jesudas – Respondent


JUDGMENT

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 3rd respondent herein, drove the said two wheeler negligently in a public place and dashed against the two wheeler of the claimant bearing Reg.No.TN 24 S 4320. Seeking compensation, the victim of the accident moved the MACT

with MCOP 473 of 2019.

2.3 The Tribunal had determined the compensation payable at Rs.6,27,222/- and directed t

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