Madras High Court
Mani vs Rathinagiri Rural Hospital Society on 6 December, 2023
Author: M. Dhandapani
Bench: M. Dhandapani
C.M.A.No.4580 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
C.M.A.No.4580 of 2019
Mani ... Appellant
Vs.
1.Rathinagiri Rural Hospital Society,
Rathinagiri,
Walajah Taluk,
Vellore District.
2.Mahendiran ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Decree and Judgment dated 30.04.2015
made in M.C.O.P.No.484 of 2012 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate Court, Vellore.
For Appellant : Mr.C.Prabakaran
For Respondents : Mr.V.Parivallal [R1]
Not ready in Notice [R2]
*****
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https://www.mhc.tn.gov.in/judis
C.M.A.No.4580 of 2019
JUDGEMENT
The appellant/claimant has preferred the present appeal on the
ground that the Tribunal has fastened the liability as against the second
respondent, instead of first respondent.
2. As per the claim petition, on 06.09.2010 at about 7.30 hours,
when the claimant was riding his bicycle on the Vellore to
Thiruvannamalai Raod, near Thuthipet S.P.Hotel, the second respondent
driven the ambulance van bearing Regn.No.TN-23-X-7477, which was
owned by the first respondent, in a rash and negligent manner and
dashed against the claimant, thereby the claimant fell down and sustained
grievous injuries all over his body. Immediately, he was admitted in
Government Hospital, Adukkamparai. Thereafter, the claimant filed a
claim petition claiming a sum of Rs.10,00,000/- as compensation for the
injuries sustained by him.
3. Before the Tribunal, the claimant examined himself as P.W.1
and examined the doctor as P.W.2 and marked 8 documents viz., Ex.P.1
to Ex.P.8. On the side of the respondents, they have examined one
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witness viz., R.W.1 and marked 7 documents viz., Ex.R.1 to Ex.R.7.
After adjudication, the Tribunal passed an award awarding a sum of
Rs.2,02,951/- as compensation directing the second respondent to pay the
said compensation to the claimant. Challenging the same, the claimant is
before this Court.
4. The learned counsel appearing for the appellant submitted that,
the registration of the offending vehicle stands in the name of the first
respondent, however, subsequently, the first respondent sold the same in
favour of the second respondent and the second respondent not taken any
effective steps to register the same with the Motor Vehicle Department.
At the time of accident, the vehicle stands in the name of the first
respondent, however, the Tribunal erroneously fixed liability as against
the second respondent, which is wholly unsustainable. Accordingly, he
prays for allowing the appeal.
5. Per contra, the learned counsel appearing on behalf of the first
respondent submitted that, the first respondent is a charitable trust,
namely Rathinagiri Rural Hospital Society and they alienated the entire
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materials in favour of the second respondent vide agreement dated
04.07.2011, in which, the second respondent entered contract with the
Founder of the first respondent and the second respondent purchased the
van in a good running condition on 20.05.2009. Accordingly, executed
delivery note and sale receipt in favour of the first respondent and the
second respondent undertaken that he is the absolute owner and in
possession of the vehicle from 20.05.2009. Further, he submitted that the
accident had happened on 06.09.2010. Though the first respondent has
not taken any steps to mutate the records for transfer of ownership, the
Tribunal by considering all the oral and documentary evidence, has
rightly fixed the liability as against the second respondent, which is
wholly sustainable and the same does not require any interference.
Accordingly, he prays for dismissal of the appeal.
6. Heard the learned counsel appearing for the appellant and the
learned counsel appearing on behalf of the first respondent and also
perused the materials available on record.
7. The factum and manner of the accident is not in dispute.
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Therefore, this Court is not entering into said aspect. The only grievance
of the appellant is with regard to fixation of liability as against the second
respondent. It is pertinent to note that the appellant/claimant has no
locus-standi to file the present appeal questioning the liability fastened by
the Tribunal as against the second respondent, since he is not an
aggrieved person. Further, as per Section 50 of Motor Vehicles Act, initial
burden lies on the transferor to inform the registering authority within
whose jurisdiction to transfer has to be effected within 14 days from the
date of transfer, report the effect of the transfer. In the case on hand, the
first respondent has intimated about the transfer to the registering
authority, however, it is established on the first respondent that they have
sold the vehicle to the second respondent and the possession of the
vehicle was taken over the second respondent on 20.05.2009 itself.
Hence, it is the duty of the second respondent to apply the name transfer
before the registering authority within 30 days as contemplated under
Section 50 of Motor Vehicles Act. Therefore, the Tribunal has held that
the second respondent was the owner of the vehicle at the time of
accident and fixed the liability on the second respondent, which cannot be
said to be erroneous. Hence, this Court is not inclined to interfere with the
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award passed by the Tribunal.
8. Accordingly, the Civil Miscellaneous Appeal is dismissed and
the judgment and decree dated 30.04.2015 made in M.C.O.P.No.484 of
2012 passed by the Motor Accidents Claims Tribunal, Chief Judicial
Magistrate Court, Vellore is confirmed. No costs.
06.12.2023
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation Case : Yes / No
sp
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court,
Vellore.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.,
sp
06.12.2023
https://www.mhc.tn.gov.in/judis
