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1998 Supreme(SC) 984

A.P.MISRA, K.VENKATASWAMI
New India Assurance Company LTD. – Appellant
Versus
Sheela Rani – Respondent


Judgement

VENKATASWAMI, J. :- This appeal arises out of a judgment dated 8-4-87 of the Division Bench of the Rajasthan High Court in D. B. Civil Special Appeal No. 29 of 1987.

2. Brief facts leading to the filing of this appeal are given below :-

The sixth respondent herein was the owner of a Fiat Car bearing Registration No. RSM-9701. The said Car was insured with the appellant-Insurance Company for the period 16-6-76 to 5-6-77 (or 15-6-77). It appears that the sixth respondent sold the said Car to the fourth respondent on 18-6-76. This transfer was accepted on 24-6-76 by the Regional Transport Authority, Jaipur. The said Car met with an accident on 10-5-77 in which one Moti Lal Jain, husband of the first respondent, died.

3. A claim petition was filed before the Motor Accident Claims Tribunal, Jaipur, in M.A.C. No. 291/77 by the first and second respondents, widow and minor son of the deceased, respectively. The third respondent, mother of the deceased, was shown as respondent later on transposed as claimant in the Claim Petition. We are not concerned with the quantum of compensation in this appeal as the sole issue raised by the appellant-Insurance Company was with reference to its













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