IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT MFA NO.3039 OF 201O (MV) BETWEEN V MAHESH, S/O VYKUNTACHAR, AGE 40 YEARS, R/O SADASHIVANAGAR 2ND CROSS, SAGAR CITY, SHIMOGA DISTRICT. ... APPELLANT (BY SRI.S.V. PRAKASH, ADVOCATE) AND 1. V.S. RENUKESHWARA, S/O SHIVAPPA GOWDA, AGE 21 YEARS, R/O HOSANAGARA, PRESENTLY RESIDING AT 1ST CROSS, JAYANAGAR, SHIMOGA CITY.
2. HALESH, S/O BASAPPA GOWDA, EMPLOY IN GURU ICE CREAM, R/O OPP. TO KEB OFFICE, HOSANAGARA, SHIMOGA CITY.
3. MUKUNDA S/O RAMA NAYAKA, AGE MAJOR, R/O SULLAHALLI, KADASUR VILLAGE, HOSANAGARA TALUK.
4. M/S NATIONAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SHANKAR COMPLEX, B.H.ROAD, SHIMOGA CITY REPTD BY ITS BRANCH MANAGER. ... RESPONDENTS (V/O DTD 13/3/2015, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.01.2010 PASSED IN MVC NO.196/2007 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT & MEMBER, ADDITIONAL MACT-8, SAGAR, AWARDING A COMPENSATION OF RS.30,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT In this appeal by the registered owner of the offending vehicle, the challenge to the judgment and award is founded on the sole ground that the vehicle was sold to the 3rd respondent herein and that the accident took place on 14.01.2000 much after the sale and therefore, the seller of the vehicle having ceased to be the owner thereof, could not have been fastened with the award liability merely because the entries in the Registration Certificate continued in his name.
2. This question having been already decided by the Apex Court in a catena of judgments, is no longer res integra. It is a settled legal position that even when a motor vehicle is a goods, still the liability of the registered owner continues after sale as long as his name continues in the Registration Certificate, however, subject to the rider that he can seek contribution from the buyer of the vehicle, in accordance with law.
In the above circumstances, this appeal fails; liberty is reserved to the appellant herein to take up appropriate proceedings for contribution from the concerned, after the award is discharged.
No costs.
cbc Sd/- JUDGE