an insurance policy is a contract between a policyholder and an insurer. In the absence of the new vehicle owner’s name on the motor insurance policy, there exists no valid contract between him and the insurance company. Hence, any accidental damage suffered by the new owner is not admissible under the previous policy.

2)section 157 of the Motor Vehicle Act casts a duty on the new vehicle owner to get the insurance policy transferred in his or her name by applying to the insurance company within 14 days of the purchase.

For these 14 days, only the third party section of the insurance policy gets automatically transferred.

3)After this 14-day period, if the new owner fails to get the insurance policy transferred in his or her name, the insurance company is not liable to bear any losses incurred by new owner—neither in the third-party section, nor in the own-damage section.

4) don’t sign any claim form

5) you can engage Lawyer to appear on your behalf

6) seek exemption from

Personal appearance until further orders

Dear Client,

Until the vehicle is not transfer in the purchaser, his liability don't discharge under the use of vehicle.

1) Is the insurance valid for a 3rd party claim as the vehicle is in current owners name and insurance is in my name? - Company may decline any claim. It is essential to inform company if change of owner. Court will decide.

2) What if the current owner asking me to sign the claim request on my behalf with insurance for the 3rd party claim? What is the implication of the same on me. Will future NCB on my new car void if i sign this claim (insurance from same company). -- NCB is valid for same vehicle not other.

3) Do i need to appear before the court (court is 300km away from my place)? - at the time of evidence, advocate shall represent both.

4) What are the risks and caution that i need to exercise avoid financial, legal trouble for me. - what are charges in accident FIR. if pity in nature ,no big deal.

no need to worry. in mcop basically the vehicle owner wont be liable for anything if you have proper insurance.

you dont need to appear before the court in absence of your appearance to the court insurance company will file a sec 170 petition they will take care of the case in behalf of the vehicle owner :) thanks :)

Hi,

The insurance is not transferable and is linked to the RC of the vehicle. It seems in this case the vehicle was not

got transferred due to the insurance. since you are the owner at the time of accident you will be party to the claim along with the user of the vehicle.

The current owner definitely will request you to sign claim request as it is in your name and you will have to decide on as insurance will not pay any claim without your signature.

Section 324 is cognizable offence and you need to appear before the court.

please arrange for your bail and a good advocate to quash the case against you.

This will have no effect on your current insurance NCB

1. Insurance is not valid, neither for a 3rd party claim nor for own claim.

2. You do not have to do that mistake. Signing the claim form will only enhance the trouble for you. There will be no implication of this on you, if you do not sign the claims form.

3. Yes, appear before the Court and place before the concerned Court the proof of sale, including the transfer of the vehicle’s registration certificate. You could get this done through a local lawyer.

Hi , it is advisable that you file a appeal against the summoning order in high court .. Since you already have sold the vehicle , you cannot be pleaded as a party in the claim petiton...

You got to appear before the court and you can state your case accordingly.Non-appearance will make you further liable for the offence.

1 valid

2 cannot

3 through your Advocate

4 no financial or legal troubles for you

1. If the insurance is in force, you dont have to be worried about it, the insurance company will pay the compensation claim.

2. Dont sign anything

3. If you dont appear then you will be set exparte

4. There is no risk involved i this, you may just relax, the insurance company will pay the claim if things are legally alright.

1. If the car has been transferred then it is an invalid insurance but obviously you may fight the same and enforce the validity on third party.

2. Future NCB on your car will not be void.

3. Yes you will have to appear before the court and if you are not appearing then engage a lawyer who can appear on your behalf.

4. Try and exempt your liability by saying that the transfer papers had been signed and that you are not liable for any kind of claim.

Regards