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Smt. Jaya Ben And Ors. vs Gaffar Khan And Ors. on 5 July, 2000

38. A Full Bench of the Delhi High Court in Anand Sarup Sharma v. P.P. Khurana and a Full Bench of Karnataka High Court in National Insurance Co. Ltd. v. Mallikarjun had held the insurance policy lapses when the insured vehicle was transferred and no application/intimation as prescribed under Section 103-A of the Act was made/given and consequently the liability of insurance company ceased in respect of such vehicle.
Rajasthan High Court - Jaipur Cites 14 - Cited by 0 - Full Document

National Insurance Co. Ltd. vs Krishnakumar Kittu Nair on 20 February, 2001

The decisions of the Full Bench in Shantilal's case (supra) and the decision of the Full Bench of the Delhi High Court in Anand Sarup's case (supra) were followed by the Full Bench of the Karnataka High Court in Mallikanj's case (supra) by the Full Bench of that High Court and the Supreme Court in Govindan's case expressly overruled the Full Bench decisions of the Karnataka and Delhi High Courts. It therefore follows that the liability of the respondent No.1 as the registered owner of the motor vehicle continued even after the motor vehicle was sold to the respondent No.5 till the provisions of section 31 were complied with on 9-11-1983 and therefore, on the date of the accident i.e. 22-5-1983, the respondent No.1 as the registered owner of the vehicle was liable for the accident caused due to the use of the motor vehicle by virtue of the purchaser being authorised to use it after it was sold on 27-4-1983.
Gujarat High Court Cites 25 - Cited by 0 - A M Kapadia - Full Document

Ravindra N. Tantry vs Shivaleela And Ors. on 1 January, 2001

The Full Bench of this Court and the High Court of Delhi (Anand Sarup Sharma v P.P. Khurana) answered the above said question holding that the liability of the Insurance Company ceases when the insured transfers his application as stated supra. But the Full Bench of the High Court of Andhra Pradesh answered that such transfer of insured vehicle does not come in the way of validity of the policy. In other words, the interest of the 3rd party will not be affected in spite of non-compliance of Section 103-A of the Act.
Karnataka High Court Cites 14 - Cited by 0 - M Chellur - Full Document
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