NATIONAL INSURANCE COMPANY LTD Vs. SINDHU P T

JUDGEMENT

(1.) This appeal under S.30 of the Employees Compensation Act (hereinafter referred to, 'the Act') is preferred by the insurer who was the second opposite party before the Commissioner. The only substantial question of law sought to be canvassed before us is:

(2.) To the vitally relevant and crucial facts, first. There was a collision between a jeep and a car. The driver of the jeep succumbed to the injuries suffered in the accident. His dependents lodged the claim under the Act against the employer of the deceased. On the date of the accident, that employer was the owner of the jeep. The appellant is the insurer in respect of that vehicle. The registration certificate and the policy of insurance stood in the name of the transferror who had transferred the vehicle to the employer. It is not disputed that such transfer took place prior to the date of the accident.

(3.) The claimants contended and the Commissioner accepted that S.157 of the Motor Vehicles Act does operate and thereby the transferee steps into the shoes of the transferror / insured person. Consequently, the insurer is liable to discharge the liability of the transferee / employer, it was held. The appellant insurance company, unsuccessfully contended that in respect of the liability under the Act, such deemed transfer shall not operate. Such transfer may operate only in respect of the liability under the Motor Vehicles Act, contended the appellant.