Justice S.K. Kulshrestha, President.(Oral):

1. A Santro Car bearing registration No. M.P. 06 D 1086 was sold by its owner Keshav Mittal to Raj Kumar on 14.7.2009 but, the car unfortunately met with an accident on 21.,7.2009. The claim made for the own damages was repudiated on 26.9.2009. Learned Counsel for the appellant submits that the vehicle was transferred but, the insurance was not, therefore, the Insurance Company was not liable to pay the amount of damages.

2. The core question raised in the present case is as to whether when the accident took place within the period of 14 days allowed for seeking transfer of the insurance policy, the transferee can be granted the claim notwithstanding that he has not filed the application for transfer?

3. GR 17 refers to the transfer and provides that the transferee shall apply within fourteen days from the date of transfer in writing under recorded delivery to the insurer who has insured the vehicle, with the details of the registration of the vehicle, the date of transfer of the vehicle, the previous owner of the vehicle and the number and date of the insurance policy so that the insurer may make the necessary changes in his record and issue fresh Certificate of Insurance. This shows that it is not necessary for a purchaser of the old vehicle to immediately apply for transfer of the policy and 14 days time has been granted in this behalf. Though the learned Counsel has vehemently argued on the basis of the judgment of the National Commission in United India Insurance Company Ltd. & Anr. v. Harinder Kaur, (2007) 3 CPJ 411 (NC), that if the transferee has not applied within the prescribed period the liability of the Insurance Company is extinguished, we find that the position is to be examined as on the date of the accident. In the present case, the accident took place on 21.7,2009 while the vehicle was purchased on 14.7.2009 and registration was also transferred on that date. This shows that the insured had time up to 28.7.2009 to make an application for the transfer of the policy and his right was not defeated on account of his having not made an application for transfer as he still had 7 days. We are, therefore, of the view that in such a situation the claim could not have been repudiated on the ground t

hat the transfer was applied for on 21.10.2009 after the Insurance Company had repudiated the claim on 26.9.2009. We, thus, do not find any substance in this appeal. The appeal is dismissed but without any order as to costs. Appeal dismissed.