Zabna Minas vs The Deputy Transport Officer, (North ...
2024 Latest Caselaw 5845 Ker

Kerala High Court

Zabna Minas vs The Deputy Transport Officer, (North ... on 23 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                    WP(C) NO. 34543 OF 2023
PETITIONER:

         ZABNA MINAS, AGED 42 YEARS
         W/O MINAS, THENENCHERY HOUSE,
         NANMINDA P.O, KOZHIKODE, PIN - 673613

         BY ADVS.
         J.ABHILASH
         IRFAN KAMAL K.M.


RESPONDENTS:

    1    THE DEPUTY TRANSPORT OFFICER, (NORTH ZONE),
         CIVIL STATION, ERANHIPALAM,
         KOZHIKODE, PIN - 673020
    2    THE JOINT REGIONAL TRANSPORT OFFICER,
         SUB REGIONAL TRANSPORT OFFICER, THALASSERY,
         PALLITHAZHE, ILLATHAZHA, THALESSARY, PIN - 670104
    3    THE JOINT REGIONAL TRANSPORT OFFICER,
         SUB REGIONAL TRANSPORT OFFICER, KODUVALLY,
         KODUVALLY BUS STAND LANE, KODUVALLY,
         KOZHIKODE, PIN - 673585
    4    CHOLAMANDALAM MS GENERAL INSURANCE,
         3RD FLOOR, ACEL ESTATE, CHITOOR ROAD,KOCHI-682011
         IS IMPLEADED AS ADDL. R4 AS PER THE ORDER DTD.
         29.11.2023 IN WPC

         BY ADV
         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 23.02.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.34543 of 2023
                                     2




                               JUDGMENT

Dated this the 23rd day of February, 2024

The petitioner is the registered owner of an Innova Car

bearing registration No.KL-58A-7000. The petitioner states

that the petitioner is the second owner of the car. While the

car was with the previous owner, there was an accident. A

Claim was filed in the Motor Accidents Claims Tribunal,

Vatakara.

2. The petitioner states that the said O.P (M.V)

No.642/2012 was disposed of with the following directions:

22. Issue No.3:- Considering the facts and circumstances of the case, I find that the petitioner is entitled to get compensation with proportionate costs.

Issue answered accordingly.

In the result,

1. This petition is allowed in part for an amount of Rs.2,21,722/- (Rupees Two lakhs Twenty two thousand Seven hundred and Twenty two only) with 9 percent interest from the date of petition ie. 13.08.2012 with proportionate costs payable by the 3rd respondent.

2. 3rd respondent is liable to deposit the award amount in court within one month from the date of this award.

3. 3rd respondent shall produce a cheque for Rs.4,373/- in the name of MACT Vatakara s the balance court fee.

4. 3rd respondent is directed to deposit the balance amount by way of 2 cheques. One cheque for an amount of Rs.1,25,000/- and the same will be released to the petitioner as medical and incidental expenses forthwith and cheque for the balance amount shall be deposited in a Nationalised Bank for a period of 3 years.

5. 3rd respondent is entitled to recover the amount from respondent No.1 and 2.

6. Release the balance amount of the petitioner on deposit.

3. When the petitioner sought re-registration of the

vehicle after 15 years, the petitioner could not apply online.

The portal was locked by the Thalassery SRTO, Kerala. On

enquiry, the petitioner learnt that the portal was locked for the

reason that O.P (M.V) No.642/2012 was filed in the Motor

Accidents Claims Tribunal, Vatakara.

4. The petitioner states that he has no role in the

accident. The accident occurred when the vehicle was with

the previous owner. The petitioner is a bona fide purchaser of

the vehicle. As long as the sale of vehicle to the petitioner is

not questioned from any quarters, the respondents are bound

to re-register the vehicle after 15 years, in the favour of the

petitioner.

5. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader submitted

that in view of Circular No.6/99 dated 01.09.1999 issued by

the Transport Commissioner, the transfer of ownership of

vehicles involved in motor vehicle accidents is to be regulated.

It is for that reason that the portal has been locked.

6. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 3. Though notice was issued to the

additional 4th respondent-Insurance Company, there is no

representation for the Company.

7. Admittedly, the petitioner has purchased the

vehicle from the previous owner. The accident occurred when

the vehicle was owned by another. The Award of the Tribunal

is dated 27.11.2015. The petitioner purchased the vehicle

only in the year 2018. There is no direction from the Motor

Accidents Claims Tribunal inhibiting the transfer or

re-registration of the petitioner's vehicle, in Ext.P3 Award. In

the circumstances, I do not find it is justifiable to deny

re-registration of the vehicle.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent-Joint Regional Transport Officer

to permit the petitioner to apply for re-registration / renewal of

vehicle after 15 years. For the purpose of making application,

the 2nd respondent is directed to unlock the portal. The

processing and re-registration will be subject to the relevant

Rules and Act and in accordance with law.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 34543/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER EVIDENCING HER OWNER SHIP OF KL-58 A 7000 INNOVA CAR Exhibit P2 COPY OF THE SCREEN SHORT FROM WEBSITE OF THE RESPONDENTS Exhibit P3 TRUE COPY AWARD IN O.P. (M.V) 642/2012 DATED 27/11/2015