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Supreme Court of India 2020-06-18 allowed

Surendra Kumar Bhilawe vs The New India Assurance Company Limited

Bench: 2 — R. Banumathi, Indira Banerjee

In Brief

The appellant sold a truck to Mohammad Iliyas Ansari in April 2008 but the sale was never formally transferred with the bank's 'No Objection' or registered with authorities. Over three years later, the truck met with an accident. The appellant filed an insurance claim, but the insurer rejected it, claiming the appellant was no longer the owner. The appellant's claim was upheld by lower courts but rejected by the National Commission. The Supreme Court held that ownership cannot pass without the bank's No Objection and statutory compliance. As the truck remained registered in the appellant's name, he was the legal owner and entitled to claim on the insurance policy issued in his name. The appeal was allowed with Rs. 4,93,500 compensation plus Rs. 1,00,000 for costs.

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Motor Vehicles Act Insurance Law Contract Law Consumer Protection Sale of Goods Transfer of Ownership Third Party Risk

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