IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 1954 of 2008() ----------------------- OPMV.199/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/1ST RESPONDENT:- ---------------------------------------------- LATHA CHANDRAN, CHAITHANYA, KOLLAKADAVU P.O., CHENGANNUR. BY ADV. SRI.R.VINOD RESPONDENTS: 2ND RESPONDENT & THE PETITIONERS: ----------------------------------------------------------------------------------------- 1. THE NEW INDIAN ASSURANCE CO .LTD., POOVATHUR BUILDINGS, CHENGANNUR. 2. MARY, W/O LATE GEORGE, W/O LATE GEORGE, AGED 45 YEARS, MUNDACKAL HOUSE, THRIKKALTHOOR KARA, MULAVOOR VILLAGE. 3. MRIDULA, D/O GEORGE, AGED 20 YEARS, MUNDACKAL HOUSE, THRIKKALATHOOR KARA,' MULAVOOR VILLAGE. 4. MIDHUN, (MINOR), S/O GEORGE, REPRESENTED BY HIS MOTHER MARY, W/O LATE GEORGE, MUNDACKAL HOUSE, THRIKKALTHOOR KARA,MULAVOOR VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A.NO: 1954 OF 2008 ----------------------------------------------------------- Dated this the 5th September, 2008. JUDGMENT Koshy, J. Appellant in this case was the registered owner of a goods vehicle KL 4E/5157 involved in the accident on 15.11.2002. Appellant was held liable to pay compensation to the dependants of the motor accident victim in respect of the above vehicle. Insurance company was exonerated because the victim of the accident was a gratuitous passenger in the said vehicle. It is the case of the appellant that before the date of the accident it was transferred to one Kassim. He was not a party to the proceedings before the Tribunal. Appellant did not take steps to implead him. Kassim was also not examined as a witness to prove the transfer. Apex Court in Dr. T.V.Jose v. Chacko P.M. Alias Thankachan and others {AIR 2001 SC 3939} held that transfer of title can be by payment of consideration and delivery of the vehicle but merely because name of transferor owner had not been changed in the records MACA 1954/08 2 of RTO, it does not mean that ownership of vehicle is not transferred. But the registered owner continues to remain liable to third parties, and he cannot escape from that liability. Here the appellant was the registered owner and therefore he continues to be liable for satisfying the third party's claim. However we make it clear that he will be free to recover the amount from the actual owner to whom the vehicle was transferred, according to law. Appeal is dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: