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DR. DIMPLE JINDAL (ADV.) (Advocate)     12 July 2015

Liability of insurer in motor vehicle accident

one person "x" have sold his truck on 1 august, 2011 to "y". The transfer of the ownership was also made in the next month i.e. in September. The same truck was met with an accident in December 2011 after the change of ownership and one person died in the accident. The name in insurance policy was still running on the name of "x". Now the trial court have made "x" a party in his decree for the claim of 7.00 lakhs to the descendant family and include him for the liability of same among other parties. Is it valid or logically to include the previous owner as party for the claim of settlement just due to the reason that they have not informed to the insurance department regarding the change of the ownership? If anybody have particular case law/ precedent regarding this law point, please mention.


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 4 Replies

Suri.Sravan Kumar (senior)     12 July 2015

According to sec 157 of M.V.Act Insurance co is liable

Section 157 of the Motor Vehicle Act, 1988, the procedure for transfer of certificate of insurance read as under ;

“157. Transfer of certificate of insurance. – (1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfer to another person the ownership of the another vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, 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.

[Explanation. – For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.]

(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.”

DR. DIMPLE JINDAL (ADV.) (Advocate)     12 July 2015

"Mr. x" didn't inform to the insurance co., for the necessary changes in the ownership of vehicle. Does it effect the applicability of sec - 157 in any way? 

DR. DIMPLE JINDAL (ADV.) (Advocate)     12 July 2015

Thanks for your reply.

My email id's:

adv.jindaldimple@gmail.com

jindaldimple@gmail.com

Arun Samota (Lawyer)     14 July 2015

Originally posted by : ADVOCATE DIMPLE JINDAL
"Mr. x" didn't inform to the insurance co., for the necessary changes in the ownership of vehicle. Does it effect the applicability of sec - 157 in any way? 

yes..i am also looking for solution of this problem..is sec 157 applicable in this?


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