Dispute over superdari of vehicle

Vehicle was insured and its owner was paid his claim whereafter he executed a letter of subrogation in favour of the insurance company, transferring all tights, title and interest in the said vehicle to the insurance company

Vehicle was subsequently recovered from the respondent against whom an F.I.R. was registered

Respondent claimed to have purchased the vehicle from its owner and also claimed to be in possession of its registration book as well as an open transfer letter

Representative of insurance company (petitioner) and respondent both applied before the court below for superdari of vehicle, which was handed over to the respondent on superdari

Validity

Contention of respondent regarding purchase of vehicle stood belied on account of the F.I.R. which had been lodged by the owner himself

Mere possession of a stolen registration book did not confer any title upon the respondent to retain the vehicle

Insurance company had honoured the claim of the owner of the vehicle and in view of the letter of subrogation executed by the owner, was entitled to the retention of the vehicle by way of superdari

Revision petition was accepted, impugned order of court below was set aside and police was directed to recover the vehicle from the respondent and hand it over to the representative of the insurance company.