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1989 Supreme(Kar) 412

M.RAMA JOIS, S.RAJENDRA BABU, M.RAMAKRISHNA RAO
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
MALLIKARJUNA – Respondent


Advocates:
K.SURYANARAYANA MURTHY, M.SOWRI RAJU, V.T.RAYA REDDY

RAJENDRA BABU, J.

( 1 ) IN this reference under Section 7 of the Karnataka High Court Act, 1961, the question that arises for consideration is:"when a registered owner of a motor vehicle covered by an insurance policy transfers the vehicle to another, but does not secure certificate of transfer of the insurance policy covering the vehicle to the transferee of the vehicle, whether the insurance company is liable to answer the liability arising out of an accident met with by the vehicle after transfer of ownership of the vehicle but during the period for which the insurance policy had been issued?"

( 2 ) THE facts of the case have been set out in the order of reference and therefore it is not necessary for me to reiterate the same. A division bench of this court in united India fire and general insurance company ltd. V chennamma (1981 (1) kar. Lj. 245), held that in the case of transfer of a motor vehicle unless a notice in the prescribed form was given to the insurance company concerned under Section 103-a of the Motor Vehicles Act, 1939 (hereinafter referred to as the act) and the certificate of transfer of insurance was issued or deemed to have been issued, by the force of the said











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