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1 - 10 of 26 (0.79 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
The Motor Vehicles Act, 1988
Section 50 in The Motor Vehicles Act, 1988 [Entire Act]
Ishwar Chandra & Ors vs The Oriental Insurance Co. Ltd. & Ors on 8 March, 2007
Both the said
decisions were adverted to by the Supreme Court in its subsequent
decision in Ishwar Chandra & Ors. Vs. Oriental Insurance Co. Ltd.
& Ors. 2007 III AD (SC) 753, paragraph 14 whereof is relied upon
by the learned counsel for the Insurance Company. It was observed
as under:
Dr. T. V. Jose.. Appellant vs Chacko P. M. Alias Thankachan & Ors... ... on 27 September, 2001
"4. These appeals are filed by the
Appellants. The insurance company has
chosen not to file any appeal. The
question before this Court is whether by
reason of the fact that the vehicle has
been transferred to Respondent 4 and
thereafter to Respondent 5, the Appellant
got absolved from liability to the third
person who was injured. This question
has been answered by this Court in T.V.
Jose (Dr.) v. Chacko P.M. wherein it is
held that even though in law there
would be a transfer of ownership of the
vehicle, that, by itself, would not absolve
the party, in whose name the vehicle
stands in RTO records, from liability to
a third person. We are in agreement with
the view expressed therein. Merely
because the vehicle was transferred does
not mean that the Appellant stands
absolved of his liability to a third
person. So long as his name continues
in RTO records, he remains liable to a
third person."