Dear Sirs,
I want legal advice about a MACT matter. I shall be grateful to all those who will help me with mentioning similar case nos. The background is as follows:
Party-A had sold and handed over a car to Party-B after signing necessary documents like TTO Forms, Amount Receipt etc. Purchaser's name was to filled in the document since Party-B was unsure whether he will use it as personal car or on Company Account. It was mutually agreed that Party-B will get the vehicle transferred to his name.
Party-A handed over all the original documents including the Original R.C.Book & Original Insurance Certificate, Valid P.U.C. Certificate etc to Party-B and took a Xerox Copy of the driving license of Person-B as Photo ID cum proof to confirm that the vehicle is handed over to a legally certified driver.
A third Party Insurance Cover on this vehicle was in force (valid for further 6 months from the date of delivery). Party-A didn't realize that he has to inform the concerned RTO in writing about this deal. It was not intentional but due to lack of knowledge.
After 6 months of ownership, Party-B sold the vehicle to Party-C taking delivery note and Xerox Copy of buyer's driving license on a plane paper and giving the documents in his possession.
After further 3 months of ownership, Party-C sold the vehicle to Party-D in similar manner (handover documents-Get Delivery Note+license photo copy etc.)
After 16 months of the first sale, Party-A received a notice from MACT that the said vehicle was involved in a road accident in which a young person died of the injuries while brother of the Party-D was driving. Party-A did not have any idea of this till the notice.
It was also discovered that the Third Party Insurance of the vehicle was not renewed and the vehicle still stood in the name of the original seller - Party-A who was totally in the dark about this entire episode is made the Respondent-1.
My specific pointers are:
1) Party-A had sold & delivered the vehicle 16 moths before the event with valid Insurance Cover and he had no control over the use of vehicle but since the vehicle still stands in his name and the insurance has expired, he is responsible to pay the compensation.
2) In such a case, can Party-A present supporting documents to the court to request that Party-B + Party-C+Party-D also should be held responsible and made to share the compensation?
3) Are there similar cases resolved/ongoing in courts? Any judgements have been passed by the court holding all the persons responsible for compensation payment?
I appeal to one & all to help with your valuable advice and case/judgement details to prepare defense for Party-A.
Thank you.
With regards,
kbhide4
