United india insurance Co. Ltd. vs Minor Sumitraben Ambubhai Thakor and Others

M.R. Shah, J.—As common question of law and facts arise in these group of appeals they are disposed of by this common judgment and order.

All these appeals u/s 110D of the Motor Vehicles Act, 1939 read with Sections 173 and 217 of the Motor Vehicles Act, 1988 have been preferred by the Appellant-original opponent No. 3-United India Insurance Company Ltd. challenging the impugned common judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Nadiad dated 29/08/1997 in M.A.C.P. Nos. 168/1987, 1412/1986 and 1375/1986 by which the learned tribunal has partly allowed the said Claim Petitions and held the Appellant-United Indian Insurance Company Ltd. liable to pay the said compensation.

The only contention, which is raised on behalf of the Appellant, is that as the vehicle in question, which was involved in the accident was transferred, and, therefore, the learned tribunal has materially erred in holding the Appellant-United India Insurance Company Ltd. liable to pay compensation. No other submissions have been made. The controversy raised in the present appeals is now not res integra and is now squarely covered by the decision of the Hon''ble Supreme Court in the case of G. Govindan Vs. New India Assurance Co. Ltd. and Others, by which it is specifically held that despite the vehicle, being transferred, the statutory liability of the Insurance Company who had taken the insurance, would be subsisting as the risk would go with the vehicle.

In view of the above decision of the Hon''ble Supreme Court, it cannot be said that learned tribunal has committed an error in holding the Appellant-United India Insurance Company Ltd. liable to pay the compensation.

In view of the above and for the reasons stated hereinabove and the decision of the Hon''ble Supreme Court in the case of G. Govindan v. New India Assurance Co. Ltd and Ors., all the First Appeals deserve to be dismissed and are accordingly dismissed. No cost.