NEW INDIA ASSURANCE CO LTD Vs. AVINASH

JUDGEMENT

(1.) ALL these three appeals arise against the award dated July 31, 1985, passed by the Motor Accidents Claims Tribunal, Jaipur.

(2.) AVINASH , a young child of 7 years, was travelling in an autorickshaw No. 5442. Tempo No. RRL 6097 was coming from the opposite, direction. The autorickshaw and tempo collided and Avinash sustained multiple acerated 'wounds on his face and skull. He was operated on and had to remain in the hospital for a fortnight and, thereafter he was advised rest and treatment at his residence. He remained in bed for a period of 1 1/2 months thereafter at his house. It will not be out of place here to mention that New India Insurance Company is the insurer of both the vehicles, i.e., the tempo and the rickshaw.

(3.) THE liability of the insurance company is there throughout unless the conditions laid down under Section 96(2) are fulfilled. The case of transfer is not covered by the provisions of Section 96(2) and, as such, even in the case of transfer, the liability of the insurance company exists. There is an obligation to register the vehicle for controlling and regulating the movement of the vehicle by the authorities under the Act and they do not stand in the way of passing the title to the purchaser. It is true that the provisions enjoined on both the transferor and the transferee to report the factum of transfer of the vehicle to the registering authority. In the case of a transfer, the transferee whose name has not been registered as well as the registered owner are both jointly and severally responsible for the payment of compensation in addition to the liability of the driver and the insurance company.