Branch Office, M/s. United India Insurance Co. Ltd. v. Ayyammal
2015-02-12
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
Judgment :- 1. The appellant is the insurance company. A tanker lorry bearing registration No.TN 67 U 1251 was involved in a fatal accident. The claimants are the legal heirs of the deceased. The details of the accident and other particulars are not necessary for disposing of this appeal. 2. The only issue raised by the appellant insurance company is that at the time, when the accident took place, the insurance policy was not transferred to the name of the 5th respondent and the insurance policy was transferred to the name of the 5th respondent only subsequent to the accident on 24.08.2006. The accident took place on 18.08.2006. Hence, the appellant insurance company is not liable to pay compensation. He relied on the decision of this Court in United India Insurance Co. Ltd., V. M.Periyasamy and another reported in2008(2) TN MAC 502. 3. On the other hand, the learned counsel for the claimants has submitted that the Registration Certificate of the vehicle was transferred in the name of the 5th respondent on 07.07.2006, much before the date of accident. Therefore, as per Section 157(2) of the Motor Vehicles Act, the insurance company is liable to pay compensation. He has relied on the following decisions: (i) 2011(2) TNMAC 767 – National Insurance Co. Ltd. V. P.Meena (ii) (2012) 4 MLJ 348 – United India Insurance Company Ltd. V. Pandiammal (iii) 2012(3) LW 371 – The Branch Manager, National Insurance Company Limited V. Tmt.Rahmath and others. 4. I have perused the submissions made on either side and the judgments relied on by them. 5. The decision relied on by the learned counsel for the appellant would not help him, since Section 157(2) would apply only to a third party. In this case, only the driver is the third party and he cannot be denied the benefit of Section 157 of Motor Vehicles Act. Furthermore, the issue in this appeal is not covered by the said decision. 6. Whereas, in the decisions relied on by the learned counsel for the claimants, this Court has held that the relevant factor is as to whether the Registration Certificate was transferred as on the date of accident and the change of insurance policy is not relevant to consider the issue of liability. It is a different matter, if Registration Certificate is not changed. The issue in this appeal is squarely covered by the above said decisions.
It is a different matter, if Registration Certificate is not changed. The issue in this appeal is squarely covered by the above said decisions. 7. In view of the declaration of law of this Court in so many decisions, I am of the view that the appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The claimants are permitted to withdraw the entire amount that was deposited by the appellant insurance company