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vivek zodage   12 April 2024

motor accident case

I have sold my commercial vehicle crane to the purchaser with an executing agreement but unfortunately before transferring the vehicle the said vehicle met an accident, now how I can defend in court


Quick Summary
This discussion addresses a seller's legal defence in a motor accident case involving a commercial vehicle sold via agreement but not yet transferred. The core issue is determining liability between the seller and buyer when an accident occurs before the vehicle's official transfer. Key factors like obtaining delivery certificates and signed MV Act forms (28, 29, 30) are highlighted as crucial for shifting contributory negligence to the buyer.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The liability will be on the seller and not on the buyer because it was not transferred to buyer on the date of accident. 

Dr. J C Vashista (Advocate )     12 April 2024

Have you obtained delivery certificate and got form 28, 29 and 30 of MV Act signed ? If so, contributory negligence will shift on buyer.


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