FAIZAN Vs. NASEEM

JUDGEMENT

(1.) Heard Mr. Avinash Pandey, learned counsel for the appellant, and Mr. Rajesh Kumar, learned counsel for the respondent No. 3-National Insurance Co. Ltd.

(2.) This appeal has been filed by the owner of the vehicle being aggrieved by award dated 6.4.2017 passed by learned Motor Accidents Claims Tribunal/Additional District Judge, Deoband, Saharanpur in Claim Case No. 178 of 2016 whereby though the claim petition has been allowed, but the insurance company has been exonerated.

(3.) The only issue involved in this appeal is that date of accident is 8.6.2016; at the time of accident, registered owner of the vehicle was one Santosh Kumar Sharma; this vehicle was transferred in favour of the appellants on 17.6.2016. Santosh Kumar Sharma had a policy insuring the offending vehicle with effect from 13.4.2016 to 12.4.2017; policy was transferred in favour of the purchasers, i.e., the present appellants, on 21.1.2016 (sic). Thus, the question is whether owner of the vehicle, namely, the present appellants are entitled to be indemnified by the insurance company on account of the transaction amounting to transfer of the vehicle and policy in favour of the present appellants, though accident had taken place prior to transfer of such registration and policy on 8.6.2016?