NEW INDIA ASSURANCE CO LTD Vs. HARPAL SINGH

JUDGEMENT

(1.) THE learned counsel appearing on behalf of the insurance company by preferring this appeal contended before this court that there was no information of the insurance company about transfer of the vehicle. However, it has been fairly contended before this court that tribunal was informed by the concerned regional Transport Authority but not the insurance company.

(2.) WE have gone through section 157 of the Motor Vehicles Act, 1988, which is as follows:

(3.) IT appears to us that deeming provision as far as law under sub-section (1) of section 157 is applicable in this case leaving aside the formality under sub-section (2 ). Therefore, insurance company cannot avoid the responsibility of paying compensation as awarded by the Tribunal in case of death of a 5-year-old child to the tune of Rs. 1,89,500 along with interest which according to us on the lower side. Thus the appeal stands dismissed.