Claim cannot be denied to the seller of the vehicle on the fact that the vehicle is sold to another person

FCS Deepak Pratap Singh | Last updated: 07 May 2022

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The Supreme Court has ruled that an insurance claim cannot be denied simply because the vehicle was sold to another person, especially if the registered owner remains the same at the time of the accident. In this case, the insurer attempted to repudiate the claim based on an alleged sale, but the court found that the appellant was still the registered owner and had paid the insurance premium. The court emphasised that the definition of 'owner' under the Motor Vehicles Act and the transferability of insurance policies are crucial factors.

Surendra Kumar Bhiwale (Appelant) vs. The New India Assurance Company Limited (Respondent) Supreme Court of India Date: 18/06/2020 FACTS OF THE CASE The Appellant was the owner of truck which was covered by a Policy of Insurance. The said lorry, which was loaded with Ammonia Nitrate a

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About the Author

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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