The first respondent sustained injuries in a motor accident involving the motorcycle bearing No.KL-7/W 5265, the rider of which was the second respondent. The insurer was the third respondent. In the proceedings before the learned Tribunal insurance was admitted. The appellant, who was the registered owner, raised a contention that he had transferred the vehicle to a stranger even before the accident and he was not liable to pay compensation. The Tribunal found that the first respondent is entitled to compensation as there was negligence on the part of the appellant/second respondent. It also found that there was no evidence to prove the transfer of the vehicle to the third party and as the registered owner of the vehicle, the appellant is liable to pay compensation. The Tribunal directed the third respondent - insurer to pay the amount and recover it from the appellant as there was breach of a condition in the policy. The appellant assails the finding that he is liable to pay compensation. 2. Heard.
3. It is not in dispute that though the appellant allegedly transferred the vehicle to Popular Motors Corporation, Kaloor, no entry was made in the registers maintained by the R.T.O. Office as the information about the transfer was not given to it. In Jose v. Chacko [2001 (3) KLT 633 (SC)] the Supreme Court held that if transfer is not effected in the registers of the RTO, the registered owner is liable to pay compensation to the third parties. So the Tribunal rightly held that the insurer can recover the amount from the appellant.
4. The learned counsel for the appellant submitted that the party to whom he allegedly sold the vehicle is not a party to the O.P. and so the matter may be remitted to implead him. As observed by the Supreme Court in Jose v. Chacko (supra), it is a matter to be agitated in a proceedings between the appellant and the third party; it is beyond the scope of the enquiry in this proceedings. There is no merit in the appeal.
In the result, this appeal is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/