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Judgment
Amitava Lala, J.—The learned Counsel appearing on behalf of the Insurance Company by preferring this appeal contended before this Court that there was no information of the Insurance Company about transfer of the vehicle. However, it has been fairly contended before the Court that tribunal was informed by the concerned Regional Transport Authority but not the Insurance Company.
We have gone through Section 157 of the Motor Vehicles Act, 1988 which is as follows:
Transfer of certificate of insurance-
(1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.
Explanation - For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.
It appears to us that deeming provision as far as law under Sub-section (1) of Section 157 is applicable in this case leaving aside the formality under Su-section (2). Therefore, Insurance Company cannot avoid the responsibility of paying compensation as awarded by the Tribunal in case of death of a five years old child to the tune of Rs. 1,89,500/- along with interest which according to us on the lower side.
Thus the appeal stands dismissed.
No order is passed as to costs.
Incidentally the appellant New India Assurance Company prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal shall be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust with the amount of compensation to be paid to the claimant, however, such prayer is allowed.