MACT Case where car insurance doesn't exist

Bhavik (Querist) 08 August 2018 This query is : Resolved
Motorcycle rider suffered severe injuries from an accident involving a car and needs to claim expenses. But the car owner is not financially stable to be able to pay for the expenses and there is no insurance policy valid at the time of accident which can cover the costs either.

The car owner had not renewed insurance for the car.
The first query is whether it is allowed by law for the police to clear and hand over the car back to the owner if the papers including the insurance papers were not present.
Secondly is there anything in the law that makes the previous insurer of the car liable for not making sure of insurance continuation and thereby liable for damages after expiry of the policy?
Who will pay the victim's expenses if the car owner can't and the insurance company can't be party to the case as the policy had expired.

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Sudhir Kumar, Advocate (Expert) 09 August 2018
The first query is whether it is allowed by law for the police to clear and hand over the car back to the owner if the papers including the insurance papers were not present.

THE CAR CANNOT BE DRIVEN IT CAN BE TOWED BY OWNER AND TAKEN TO HIS PLACE.

Secondly is there anything in the law that makes the previous insurer of the car liable for not making sure of insurance continuation and thereby liable for damages after expiry of the policy?

NO

Who will pay the victim's expenses if the car owner can't and the insurance company can't be party to the case as the policy had expired.

CAR OWNER OR DRIVER.

Kumar Doab (Expert) 09 August 2018
The liability can be fastened on owner.
For who is owner go thru;
Motor Vehicles Act, 1988;2 (30)…… "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;

Kumar Doab (Expert) 09 August 2018
And also;
Supreme Court of India
Naveen Kumar vs Vijay Kumar And Ors on 6 February, 2018
Author: D Y Chandrachud
Bench: [ M Khanwilkar], [ Misra]

https://indiankanoon.org/doc/127802803/

And;
Delhi District Court
Sanju & Ors. vs . National Insurance Company Ltd. on 24 January, 2018
https://indiankanoon.org/doc/171787091/

12……………… Moreover there is no evidence on record that respondent no. 2 had employed the deceased to drive the said motor cycle..

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Kumar Doab (Expert) 09 August 2018
Try to find out estate of offender.
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in MACT/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL MACT, civil courts, HC, SC……