Judgment related to Transfer of the Vehicles under mV Act:

Judgment related to Transfer of the Vehicles under mV Act:

1.  Accident insurance damage to the vehicle transfer of the vehicle liability of the IC – Transferee never got policy transferred in his name Transferee contended that transfer of ownership takes place by delivery of goods and by passing of consideration under the Sale of Goods Actu/ s 50 of the MV Act, transfer of registration is required Held ; transfer of vehicle is different from transfer of registration of vehicle Right to enforce an obligation under the policy against IC could arise for the transferee only by obtaining a transfer of policy failure to obtain a transfer of policy may not affect the right of third party under the Act but will have bearing on the right of the transferee himself claim by transferee for damage to his vehicle is maintainable against the IC, without getting the policy transferred in his name is not maintainable. 2012 ACJ 1110 (P&H)

1.A. Own damage – claim by a person who is not the registered owner of the damaged vehicle – whether claim petition at his behest is maintainable? Held. Yes. As provided under the Sale of Goods Act.

2018 ACJ 714 (Mad)

1AA. Agent of the owner is not empowered to file petition for own damage under the M V Ac.

2019 ACJ 162 (Kar)

1AAA. Vehicle transferred in favour of third party but the insurance policy not transferred whether it amounts to violation of Section 157(2) of the M V Act? No. As provided u/s 157(1) of the Act, insurance policy is deemed to be transferred.

2022 ACJ 1468 (AP)

2.  Transfer of vehicle IC dispute it's liability on the ground that insurer had transfer his vehicle and obligation to indemnify the insured arises when insured is held vicariously liable for negligence of driver whether sustainable? Held ; No. IP stands, deemed to be transfer in the name of transferee IC

        is liable.

        2013 ACJ 2235 (Mad)

3.  U/ s 157(1) Transfer of vehicle Deemed transfer of certificate of insurance Whether IC can be held liable? Held ; Yes.

2014 ACJ 818 (Ker), 2016 ACJ 2417 (HP) – 2003

ACJ 534 (SC), Rikhi Ram v/s Sukhrania and 2006 ACJ

1441 (SC), UII Com v/s Tilak Singh followed.

4.  Transfer of the vehicle certificate of insurance – once possession is taken over by the transferee along with certificate of insurance, IC cannot evade it's liability to pay compensation.

2014 ACJ 1266 (SC) – Mallamma v/s NI Com, 2014

ACJ 2751 (All), 2017 ACJ 796 (Ker)

5.  Vehicle transferred to transferee – policy renewed in the name of original owner, though vehicle was transferred – whether in such situation IC can be allowed to take stand that nonrenewal of the policy in the name of new owner will give it a chance to absolve its liability? Held – No.

2017 ACJ 2267 (HP)