Motor accident claim tribunal

Dear Client,
Vehicle insurance is mandatory for every vehicle plying on public roads. According to the Motor Vehicles Act, 1988, a vehicle is legally allowed to be driven on public roads only if it is covered under car insurance with a minimum of third-party insurance coverage. With the sale of the vehicle, the insurance policy is not of any use to the previous owner of the vehicle. However, this vehicle insurance policy cannot be used to cover a sold vehicle as the policyholder is no longer the owner of the vehicle. This is important because the name of the owner on the vehicle RC as well as the vehicle insurance policy should always be the same. According to section 157 of the Motor Vehicles Act, 1988, the person who has purchased a second-hand vehicle should transfer the vehicle insurance policy within 14 days. The law states that it is the responsibility of the new vehicle owner to initiate the transfer process and get the transfer within 14 days. In case he fails to get the policy transferred within 14 days, his vehicle will have no valid insurance protection and if he meets with an accident while driving your second-hand vehicle after 14 days and the accident case goes to the Motor Accident Claims Tribunal (MACT), the judge will direct the previous owner of the vehicle to pay for the losses as the vehicle insurance policy is still under his/ her name. In the given situation, you need to engage an Advocate experienced in MACT cases to defend your case suitably and navigate the issue in the right way.

Dear Client,
In third-party claims, the liability typically rests with the registered owner of the vehicle at the time of the accident, as well as the insurer. Since the vehicle’s Registration Certificate was transferred to the new owner before the accident, the new owner is primarily liable. Collect all documents related to the bike sale, including the sale agreement, RC transfer documents, and any communication with the buyer. This evidence can be crucial in proving that you are not responsible for the accident. Notify your insurance company about the accident and the fact that you have sold the bike. If you are summoned to court, appear as required and provide all necessary information. We hope that our response is helpful to you.