Motor accident claim
sankar.n
(Querist) 17 November 2011
This query is : Resolved
Dear Experts,
In a Motor Vehicle Accident Claim petition filed by me, the Respondent No.1 is the driver of the vehicle, the Respondent No.2 is the Owner of the Vehicle and the 3rd Respondent is the Insurer of the Vehicle. The vehicle was transferred in the name of the 2nd Respondent namely the owner of the vehicle as per the report of Motor Vehicle Inspector on 18.4.2008. But, the Insurance policy was stands in the name of the previous owner of the vehicle for the successive periods namely from 28.1.2008 to 27.12.2009 and 28.1.2010 to 27.1.2011. The accident date is 12.1.2010.
In the circumstances, whether the previous owner of the vehicle in whose name the Policy stands needs to be impleaded as a party, for proper adjudication. As per section 157 of MV Act(TP) says that the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. Kindly clarify whether to implead previous owner of the vehicle in whose name the insurance policy stands.
N.SANKAR,ADVOCATE
Raj Kumar Makkad
(Expert) 17 November 2011
Previous owner had transferred his vehile on 18.04.2008 and subsequently insurance policy was renewed on 28.01.2010 in his name erroneously whereas he had no relation with the vehicle in question. RC might have also been transferred in favour of buyer till then who was in ultimate control over it so there is no legal necessity to implead previous owner as one of the respondents in the claim petition but if vehicle was not legally transferred in favour of subsequent buyer till the date of accident then seller is a mandatory party to be impleaded.
Rajeev Kumar
(Expert) 17 November 2011
I agree with mr.makkad
prabhakar singh
(Expert) 18 November 2011
But it would not be bad to implead him,it will facilitate non escape of insurer on any plea.When we litigate as claimant,the other side in defence raises issues as much as they can,then claimant strategy should be to act in such manner that defence may have virtually no technical pleas.Hence if the case is not at advanced stage of evidence it would be better if you implead the owner in whose name the insurance is.Transfer is their inter see issue with which you are not concerned.
Raj Kumar Makkad
(Expert) 18 November 2011
As per section 157 of Motor Vehicle Rules, there is no requirement to implead previous owner.
