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1988 Supreme(Del) 278

G.C.JAIN, S.S.CHADHA, SUNANDA BHANDARE
ANAND SARUP SHARMA – Appellant
Versus
P. P. KHURANA – Respondent


Advocates Appeared:
B.R.SABHARWAL, O.P.GOYAL, S.PAPPU, Sunita Vasudeva

G. C. Jain, J.

( 1 ) A learned single Judge of this Court, agreeing with the decision of the Full Bench of the Andhra Pradesh High Court in Madinenikondaiah and others v. Yaseenfatima and others, AIR 1986 AP 62, which was in. conflict with the Division Bench decision of this Court in Oriental Fire and General insurance Co. Ltd. v. Vimal Roy, AIR 1973 Delhi 115 has referred the following question of law for decision of the Full Bench:-

"whether the third party liability of Insurance Company comes to an end on transfer of vehicle by the insured to someone else ?"

( 2 ) THE facts leading to the reference, briefly stated, are these. Shri A. N. Wadhwa (for short wadhwa ) was the owner of a two wheeler scooter registration No. DLO-7451. It was insured with M/s. Vangaurd Insurance Co. Ltd. (for short the Insurance Company ) for the period from 27-9-68 to 26-9-69. Wadhwa sold the scooter to P. P. Khurana (for short khurana ) on 27-11-68 and delivered the possession thereof. Final receipt was to be given after getting permission from the Ministry of Rehabilitation where he was employed. Permission was granted on 7-12-68 and final receipt indicating the sale of scooter with delivery of pos




























































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