IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1939 of 2009()
1. ROYCHAN.K.M. KUNNUMPURATHU HOUSE,
... Petitioner
Vs
1. SUNEESH,S/O.PRABAKARAN, KULATHINKAL
... Respondent
2. SHAJAN,PULIKKOTTIYIL HOUSE,
3. THE UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SMT.LEELAMMA GEORGE ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/10/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1939 OF 2009
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Dated this the 12th day of October, 2009.
J U D G M E N T
After going through the award and hearing the learned
counsel for the appellant I feel that the court below has
omitted to frame a very important issue regarding non
joinder of parties. Admittedly the appellant is a registered
owner of the vehicle and the policy stands in his name.
According to him he had transferred the vehicle to one Nazar
by virtue of an agreement, Ext.B2 and it is seen that as per
the police records the vehicle has been taken delivery of by
one Satheesh under the provisions of the M.V.Act. Especially
in the light of S.2(30) of the M.V.Act a person who is in
possession of the property can also be the owner. It has
been held in so many decisions that passing of consideration
and handing over of possession is sufficient to hold the
divestiture of title and therefore ownership can be affixed on
a person even if there is no change in the registration
certificate. These are all matters where one has to analyze
M.A.C.A. 1939 OF 2009
-:2:-
after making necessary parties as parties before Court
especially in this case when the claimant is a pillion rider and
the insurance company has been exonerated from the
liability and so the question looms large on the owner of the
vehicle. Therefore I set aside the award passed by the
Tribunal directing the Tribunal to frame appropriate issue on
non joinder of necessary parties, permit the claimant to take
steps and then decide the matter afresh after affording
sufficient opportunity to all concerned to produce both
documentary as well as oral evidence in support of their
respective contentions. The appellant is directed to appear
before the trial court on 25.11.2009 and take out notice to
other parties for their appearance before the Tribunal.
M.N. KRISHNAN, JUDGE.
ul/-