NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHEELA RANI

JUDGEMENT

(1.) This appeal arises out of a judgment dated 8-4-87 of the Division Bench of the Rajasthan High Court in D. B. Civil Special Appeal No. 29 of 1987.

(2.) Brief facts leading to the filing of this appeal are given below:- The sixth respondent herein was the owner of a Fiat Car bearing Registration No. RSM-9701. The said Car was insured with the appellant-Insurance Company for the period 16-6-76 to 5-6-77 (or 15-6-77). It appears that the sixth respondent sold the said Car to the fourth respondent on 18-6-76. This transfer was accepted on 24-6-76 by the Regional Transport Authority, Jaipur. The said Car met with an accident on 10-5-77 in which one Moti Lal Jain, husband of the first respondent, died.

(3.) A claim petition was filed before the Motor Accident Claims Tribunal, Jaipur, in M.A.C. No. 291/77 by the first and second respondents, widow and minor son of the deceased, respectively. The third respondent, mother of the deceased, was shown as respondent later on transposed as claimant in the Claim Petition. We are not concerned with the quantum of compensation in this appeal as the sole issue raised by the appellant-Insurance Company was with reference to its liability. In other words, according to the appellant, the transfer of the Car by the sixth respondent to fourth respondent was not informed to it by the sixth respondent (transferor) as required under Section 103-A of the Motor Vehicles Act, 1939 (hereinafter called the "Act") and, therefore, the accident having taken place subsequent to the transfer, the appellant-Insurance Company cannot be held liable. All the Courts below, namely, the Tribunal, a learned single Judge as also the Division Bench of the High Court have rejected such a contention holding that the appellant-Insurance Company was liable to pay the compensation.