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E. Venugopal (Advocate)     04 November 2010

vicarious liability

sir my client was a owner of a maruthi car.  In 2001 he sold it to some X and obtained a receipt from him.  Later the said car met with accident and  MVOP for death  has been filed and my client received summons and it is learnt that the said car was not transferred from his name on to the buyer name.  What is the fate of my client.  Please suggest how to handle the case and citations if any on vicarious liablity.  



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

It is your mistake, you could have transferred the vehile to whom you sold.  If on the date of accident there was a valid insurance, then you can escape , otherwise you will have to pay the compensation.

You issue notice to the person whom you sold stating that get it transferred immediately and if in any award agaist you in the MVC case you will be held liable.

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

As per the records still you are owner of the car.  So you are liable to pay the compenstion if there is no valid insruance policy or valid driving license of the driver


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