Mact

Neeraj Kaushal (Querist) 24 May 2015 This query is : Resolved
Respected seinors,
i wants to file a claim petition U/S 166 M.V. Act. Actually, on R.C. owner is A, but A vide agreement sold the vehicle involved in accdient to B.
. In insurance policy name of A is appearing as owner . who is owner A or B or both. kindly give your precious advice.

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N.K.Assumi (Expert) 24 May 2015
Under the MVA 1939 and the new MVA 1988, there is an obligation on the part of the owner of the offending vehicle to intimate the insurance company of the transfer of ownership of the insured car.Howver, failure to intimate the insurance company of the transfer of the ownership does not in any way take away the right of deceased/injured person arising out of the use of the motor vehicle.as such, insurance company would be liable, other than gratuitous passenger.

Dr J C Vashista (Expert) 26 May 2015
I agree with the expert advise of Mr. N K Assumi, insurance is liable to compensate the injured/LR of deceased, as the case may be, despite the fact that the insurance will have a non-sustainable objection of change of recorded ownership.