ANAND SARUP SHARMA Vs. P P KHURANA

JUDGEMENT

(1.) A learned single Judge of this Court, agreeing with the decision of the Full Bench of the Andhra Pradesh High Court in MadineniKondaiah and others v. YaseenFatima and others, AIR 1986 AP 62, which was in. conflict with the Division Bench decision of this Court in Oriental Fire & General insurance Co. Ltd. v. Vimal Roy, AIR 1973 Delhi 115 has referred the following question of law for decision of the Full Bench:- <PG>28</PG>

(2.) The facts leading to the reference, briefly stated, are these. Shri A.N. Wadhwa (for short 'Wadhwa') was the owner of a two wheeler scooter registration No. DLO-7451. It was insured with M/s. Vangaurd Insurance Co. Ltd. (for short' 'the Insurance Company') for the period from 27-9-68 to 26-9-69. Wadhwa sold the scooter to P.P. Khurana (for short 'Khurana') on 27-11-68 and delivered the possession thereof. Final receipt was to be given after getting permission from the Ministry of Rehabilitation where he was employed. Permission was granted on 7-12-68 and final receipt indicating the sale of scooter with delivery of possession for Rs. 2200.00 was issued on 15-12-68. The scooter was registered with the registering Authority in the name of Wadhwa. This continued, even after the sale. In other words, ownership in the name of Khurana was not transferred in the records of the registering Authority under the Motor Vehicles Act (for short 'the Act') till the date of accident. It was so transferred after the accident. In lieu of the certificate of insurance No. 671183 for the period 27-9-68 to 26-9-69 in favour of Wadhwa, another certificate No. 710154 for the period 1-3-69 to 26-9-69 was issued by the Insurance Company in favour of Khurana.

(3.) On 3-1-69 at about 9.00 A.M. Anand Sarup Sharma, the appellant, it is stated, was going towards Nangal Rai from Gopi Nath Bazar on foot when Khurana driving this scooter came from behind and hit him resulting in fracture of shafts of tibia and fabula.