Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of certificate of insurance 1988 ss. 50 157 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: ss. 50, 157 – Transfer of certificate of insurance – On facts, appellant purchased vehicle in auction – Insurance premium collected by insurer from the appellant-insured – However, insurance policy continued to reflect the name of respondent as insured and registration certificate still not transferred – Thereafter, loss of vehicle occasioned by theft – Insurance claim by insured – Claim rejected by insurer – Consumer complaint – Consumer Forum held that insurer not liable on the claim preferred for loss of vehicle – On appeal, held: There was an acceptance of premium as also issuance of a policy document – After the transfer of the vehicle, the insurer was specifically informed by the Bank which held a lien on the insurance policy, of the lifting of its lien following the termination of the agreement of hypothecation – Following this, insurer issued insurance policy – More so, third respondent did not raise any claim in respect of the loss of the vehicle since the vehicle had already been repossessed and sold by the bank on account of its default in the payment of dues – Furthermore, loss of the vehicle took place in close proximity to the date of auction purchase – Thus, the insurer cannot repudiate the claim of the appellant holding that its liability is to the third respondent who has no subsisting interest in the ownership in the vehicle and the claim of the insured is allowed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 844 |
Petitioner | M/s. Balwant Singh & Sons |
Respondent | National Insurance Company Ltd & Anr. |
SCR | [2019] 11 S.C.R. 693 |
Judgement Date | 2019-07-31 |
Case Number | 5998 |
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