Regarding the accident claims

Querist : Anonymous (Querist) 17 April 2022 This query is : Resolved
I sold a car to my relative on 14/01/2022 which was remaining with me unused and I have taken a letter of having taken delivery from the buyer who is also a close relative. The car is with Tamil Nadu Registration and the buyer belongs to AP. As I was not using the car the insurance had lapsed which fact was communicated to the buyer at the time of sale and he said he will take care of it. The car met with accident in AP on 15/02/2022 hitting a bike coming on the wrong side of the road and bike rider died in the hospital and the pillion rider was injured.

The name transfer of RC book had not taken place at the time of accident and the car was without insurance.

I have been called by police thro' my relative / buyer and police is asking me to sign a letter under Sec 41 A of Cr PC but fortunately I could gain sometime with them. When I requested the police to receive my statement that I have sold the car and hold delivery letter they are saying that I will have to tell that in the court only.

I wish to know the consequences of the aforesaid bad incident. Whether I will be implicated in the Accident Claims of the deceased or my liability will end with paying penalty for not insuring the car. Kindly offer valuable opinion please.

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P. Venu (Expert) 17 April 2022
In the absence of insurance, the owner is liable for the compensation required to be paid to the victims.

Advocate Bhartesh goyal (Expert) 17 April 2022
Since the R.C of car had not been transferred in buyers name and also you did not get renewed the insuance policy of car so in such a situation buyer will not be held laible for compensation and registered owner will be held laible for that.

Querist : Anonymous (Querist) 17 April 2022
Thanks for the reply sirs

krishna mohan (Expert) 18 April 2022
If you sold directly to him then you can make your relative to be responsible for compensation and other course cases. Incidentally Insurance is one aspect and other aspect is contributory negligence. So consult a lawyer to help you correctly.

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