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THE BR.MANAGER, ORIENTAL INSURANCE CO.LT versus MARIAMMA

High Court of Kerala

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THE BR.MANAGER, ORIENTAL INSURANCE CO.LT v. MARIAMMA - MFA No. 96 of 2001 [2006] RD-KL 1407 (25 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 96 of 2001()

1. THE BR.MANAGER, ORIENTAL INSURANCE CO.LT
... Petitioner

Vs

1. MARIAMMA
... Respondent

For Petitioner :SRI.MATHEWS JACOB

For Respondent :SRI.T.G.RAJENDRAN

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice M.N.KRISHNAN

Dated :25/10/2006

O R D E R

J.B.KOSHY & M.N.KRISHNAN, JJ.

M.F.A.NO.96 OF 2001 Dated 25th October, 2006

JUDGMENT

Koshy,J

. The only contention taken up by the insurance company in this case was that before the date of accident the insured has transferred the vehicle to another person and, therefore, insurance company is not liable to indemnify the transferee and is not liable to deposit the amount. Considering the effect of Section 157 of the Motor Vehicles Act and the fact that vehicle was insured at the time of the accident, the Supreme Court held that notwithstanding the transfer, insurance company is liable to deposit the amount. (See Rikhi Ram v. Sukhrania (AIR 2003 SC 1446) and G.Govindan v. New India Assurance Co. Ltd. (AIR 1999 SC 1398)). Hence, there is no merit in this appeal. The appeal is dismissed. J.B.KOSHY

JUDGE

M.N.KRISHNAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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