• Vehicle issues

I am now living in another country, and i have one school vehicle that i need to provide a driver for on a regular basis. however, if an accident or other unforeseen event occurs. i must be present, which is not possible. if i transfer ownership to driver, he may acquire a van, please show me how should i must deal.
Asked 2 years ago in Property Law
Religion: Muslim

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8 Answers

You can execute specific POA in favour of family member  to appear before the school authorities,to engage lawyer ,to appear in court ,to compromise etc 

 

POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

Your question is hypothetical 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

 

Then execute POA in favour of friend 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

The owner is vicariously liable for the accident or any other issue caused by the driver of the vehicle.

The driver is appointed by you hence is the employee under you.

He has to perform his duty as any other employee under you.

In the circumstance if there are any other incident or event happening with the other employee, then also you are vicariously liable .

You cannot go behind them for each and every thing or the wrongs done by them especially during your absence.

Therefore there is no necessity for you to transfer the vehicle to the driver's name.

This kind of transfer means you are selling the vehicle to the driver, which is not an appreciable move in this circumstance.

As your vehicle is protected and covered by insurance, you don't have to pay any compensation in case of any accident. 

The driver will be held liable for the criminal case if he is found to be guilty of driving the vehicle rash and negligently.

You have nothing to do with the criminal case filed agaisnt the driver in case of any accident.

Hence your worries, in my opinion, in this regard is unnecessary 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

If you still feel that you will not be able to manage the vehicle and if the driver is willing to buy the same, you can sell the vehicle by observing the formalities in this regard and signing the transfer form and submit it to the concerned RTO also

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

- As per Section 2(30) of the Motor Vehicles Act, 1988, the person in whose name a motor vehicle is registered is the owner and he alone is liable for payment of compensation in case of any mis-happening. 

- Hence, even if you enter into an agreement with the driver , then also you can be accountable for any incident caused by the driver .

- However, in case of any accident by the driver , he will be considered as an accused , and not you, but in another case of claim by the victim , you have to compensate him , but if your vehicle is insured then the payment of compensation will go to the Insurance company and not you. 

- Further, if you transfer the vehicle in the name of driver , then he will become the legal owner of the vehicle and in that eventuality he can stop to make any payment to you. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations


  • Transfer ownership of the school vehicle to the driver. This would allow the driver to be legally responsible for the vehicle in the event of an accident. However, you would need to be comfortable with the driver's driving record and insurance coverage. You would also need to make sure that the driver is licensed to drive a school vehicle in your jurisdiction.

  • Hire a third-party driver to drive the school vehicle. This would allow you to retain ownership of the vehicle and be responsible for any accidents. However, you would need to find a reliable and qualified driver who is willing to work for you on a regular basis.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

You need to be specific 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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