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1999 Supreme(MP) 796

D.M.DHARMADHIKARI, DIPAK MISRA, S.K.KULSHRESTHA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
KANS RAM – Respondent


Advocates Appeared:
H.B.AGRAWAL, H.S.PATEL, SANJAY KUMAR AGARWAL

DIPAK MISRA, J.

( 1 ) CONSIDERING different factual matrix in relation to effect and impact of non-intimation by the owner insured to the insurer at the time of transfer of a motor vehicle as required under section 103-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act')and the resultant liability of the insurance company in such a factual foundation and noticing cleavage of opinion in Nani Bai v. Ishaque Khan, 1995 ACJ 292 (MP); Nagindas v. Nasir All, 1997 ACJ 1093 (MP) and united India Insurance Co. Ltd. v. Sliamsuddin, 1999 ACJ 838 (MP), on the one hand and Sabir Hussain v. Maya Bai, 1997 ACJ 1258 (MP), on the other, a Division Bench of this court in M. A. No. 462 of 1997 and other connected matters thought it appropriate that the matter required to be decided by a larger Bench. In M. A. No. 192 of 1996 another Division Bench noticing the decision of this court rendered in the case of Balwant Singh v. Jhannubai, 1980 ACJ 126 (MP), and further taking note of the fact that there has been a Full Bench judgment of the High Court of Andhra Pradesh rendered in the case of Madineni Kondaiah v. Yaseen Fatima, 1986 ACJ 1 (AP), which has, according to the said Division










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