MACT case
vinod bansal
(Querist) 29 May 2010
This query is : Resolved
R/Experts
I am Respondent in a claim petition us 163 A MV Act,This is a death case and deceased was pillion rider of the motorcycle involved in this accident,this was a hit n run case but due to unknown offending vehicle,petitioners filed claim against the insurer and regd owner.I was/am regd owner of the motor cycle in question on which deceased was travelling as pillion rider at the time of accident.Now i am facing the claim case,problem is this the motorcycle in question stood in my name in Registring authority as regd owner but other facts are that,this motor cycle was sold out by me prior to this accident to a person namely vijay and all transfer documents were signed by both parties and were submitted to registration authority,even NOC was issued in the name of subsequent owner i.e. Vijay,but except issuance of NOC no further process was done by the subsequent owner to register the m/cycle in his name,thats why m/cycle is still registered in my name, petitioner has not impleaded the said Vijay as respondent in his petition,now i am in apprehension that being regd owner in Registration authority ,tribunal can hold me liable for compensation,case is at the stage of RW,s and i have proved issuance of NOC in favour of subsequent owner i.e. Vijay by deposing record clerk of RA in court,can i filed a application for impleaded the subsequent owner Vijay as necessary party,but i have to do now,kindky suggest. Thanks
mahendrakumar
(Expert) 29 May 2010
you can do that in your own interest.
there are two sides to the case,one is a criminal case charge sheeted against you too.
here you have to defend yourself. even though available documents are in your favour,it is better to engage a lawyer for you to defend.
For MACT claim,so long as the insurance is valid and the vehicle driven by a license holder,insurance will have to make the compensation as a third party liabilty.
adv. rajeev ( rajoo )
(Expert) 29 May 2010
to avoid an order against you, file an application before the tribunal to implede the vijay as proposed respondant.
File an application u/o 1 r 10 of C.P.C.
Arvind Singh Chauhan
(Expert) 30 May 2010
Bansal Sahib-This casec law is similar to your case to some extent.
Try this citation-
Registered owner transferred the vehicle and intimated information of transfer, and receipt of handing over the possession of vehicle, to RTO by registered post prior to accident- Such transferee would be liable not the owner-Harjeet Singh V/S Smt. Dulari Devi & Others Uttakhand HC-UAD-2008-833.Decided on 22-04-2008.
