( 1 ) IN view of the importance of the question as to whether a transfer of the vehicle by the insured without intimation to the insurer relieves the latter from its obligation to indemnify against the loss or injury caused by the insured vehicle and the conflicting decisions given by different High Courts the Division Bench hearing this appeal felt that the question deserves to be answered by a larger bench. It has therefore raised the following question which we are required to answer. "whether the insurer is entitled to avoid liability against third party risk on the plea that the insured had sold the vehicle covered by the Insurance Policy before the date of the accident without intimation to the insurer"?

( 2 ) BEFORE we proceed to consider the legal position a few relevant facts may be stated. On 5-3-1978 motor truck bearing registration No. GTG 444 knocked down fatally one Kiritkumar Shantilal who was standing on one side of the road. His parents filed Claim Petition No. 58 of 1978 before the Motor Accident Claims Tribunal Jamnagar for recovering Rs. 1 0 0 as compensation. It was their case that the said truck at the relevant time was driven by respondent No. 2