CLAIM UNDER MOTOR ACCIDENT CASE.
Querist :
Anonymous
(Querist) 01 February 2011
This query is : Resolved
MOTOR IS REG IN NAME OF(A)-SOLD THE SAME ON 26.09.09 TO (B)-AUTHORISED AGENT OF BAJAJ WHO GIVEN THE RECPT OF VEHICAL.NOW V RECVD THE SETLEMNT/SUMMON -FROM M.P- IN WHICH WE R FIRST PARTY - IN THE CASE OF ACCIDENT- LIKE-- NOW ( C)SEND US SUMN VIA
DEAR MYY FREINDS
COURT OF M.P-ASKING CLAIM U/S 279,337,338-ALSO ATTCHED A COPY OF VEHICAL RECPT MENTIONING THAT HE PURCHASED FROM PARTY (A)WHICH NOT TRUE.AS PER SUMN-HE IS FULLY HANDICAPED, AND STILL NOT TRANSFRED THE MOTOR IN HIS NAME.---WHO RESPOSIABLE ,, WHERE V STAND , WHETHER WE (A) ARE ON MISTAKE , WHAT WE HV TO DO NOW BECUSE (A)IN DELHI. ---DOCU--(A) IS HAVING ORIGINAL RECPT OF BAJAJ AGENT OF MOTOR,CASH -PAY PROOF, COPY OF BILL RAISED BY (A)ON (B).COPY OF BLANK TRANSFER LTR.COPY OF INSURANCE POLCY VALID ON THAT TIME. MOST URGENT ..PLS ADV.
Advocate. Arunagiri
(Expert) 01 February 2011
Under the circumstances, you are not liable for the accident. But, as the ownership is not changed, you have to appear before the fact and say the truth supported by the documentary evidences.
Amit Minocha
(Expert) 01 February 2011
I disagree, since you are still the regd owner you are liable to pay compensation if the vehicle was not insured or there was a breach of condition of insurance terms. YOu should also ask Court to make the Bajaj dealer also as a party. For 279/337/338 IPC it will be on the driver and not on the owner. if you need any legal help for Delhi Court mail me at amitminocha@yahoo.com
mahendrakumar
(Expert) 02 February 2011
as per the motor vehicles rules in many states,it is the duty of the registered owner
to ensure that vehicle is transferred to the new owner.
when such is the case,how can you escape from the liability?
