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2026 Supreme(Online)(Ker) 7424

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SATHEESH KUMAR.S – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.SARIN
For the Respondents: SRI.GEORGE A.CHERIAN, SRI.GEORGE CHERIAN (SR.), SMT.ARATHI PRABHAKARAN

JUDGMENT DATED THE 30TH DAY OF JANUARY 2026 The petitioner has purchased a Maruti Alto LXI vehicle bearing Registration No.KL-25N-2787. The vehicle was duly transferred in the name of the petitioner on 06.04.2025. The vehicle is covered by the insurance of the 1st and 2nd respondents from 19.03.2025 to 18.03.2026. But, the insurance policy stood in the name of the previous owner, one Sunil Kumar.

2. After eight days of transfer, the vehicle met with an accident causing considerable damage. The vehicle was taken to a service centre and repairs were carried out and the petitioner raised a claim before the 2nd respondent. The claim is now rejected as per Ext.P3 citing Section 157 of the Motor Vehicles Act , 1988, as the insurance policy does not automatically transfer to the new owner unless formally endorsed by the insurer.

3. If the petitioner is aggrieved by Ext.P3, the Act prescribes remedy to the petitioner. The petitioner has an efficacious remedy to approach either the grievance cell before the Insurance company or the Ombudsman.

With liberty to the petitioner to approach the appropriate forum, this writ petition is closed.

Sd/-

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