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september 1998

Supreme Court of India · 1998-09-15

THE NEW INDIA ASSURANCE CO. LTD., vs SMT. SHEELA RANI & ORS.

Citation / case number
SC 1995/64180
Court
Supreme Court of India
Petitioner
THE NEW INDIA ASSURANCE CO. LTD.,
Respondent
SMT. SHEELA RANI & ORS.
Author
K. VENKATASWAMI,,A.P. MISRA.
Bench
K. VENKATASWAMI,,A.P. MISRA.

Judgment text excerpt

The Supreme Court upheld the liability of the Insurance Company under Section 103-A of the Motor Vehicles Act, 1939, despite the transfer of the car not being communicated in the prescribed form. The Court ruled that the transferee's letters informing the Insurance Company about the transfer were sufficient, as the Company did not respond to these communications. The Court affirmed the decisions of the lower courts, which had consistently held the Insurance Company liable for compensation due to the accident occurring after the transfer.

THE NEW INDIA ASSURANCE CO. LTD., vs SMT. SHEELA RANI & ORS. · Niyam