D.M.DHARMADHIKARI, DIPAK MISRA, S.K.KULSHRESTHA
National Insurance Co. Ltd. – Appellant
Versus
Kansram – Respondent
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 and others v. Ishaque Khan and others, 1994 JLJ 296 = 1995 ACJ 292, Nagindas and another v. Nasir Ali and others, 1997 ACJ 1093 and United India Insurance Company Ltd. v. Shamsuddin and 11 others, (M.A No. 378 of 1989) on one hand and Sabir Hussain v. Maya Bai and others. 1997 ACJ 1258 on the other, a Division Bench of this Court in M.A. No. 446 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. Jhunnubai and others, 1980 ACJ 126 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.
1. Nani Bai and others v. Ishaque Khan and others, = 1994 JLJ 296
2. Nagindas and another v. Nasir Ali and others
4. Madineni Kondaiah v. Yaseen Fatima
5. Complete Insulations (P) Ltd. v. New. India Assurance Co. Ltd.
7. G. Govindan v. New India Assurance Co. Ltd.. = (1999) 3 SCC 754
6. New India Assurance Co. Ltd. v. Belarani (Smt) and others
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