Who is liable to pay Death Claim in the case of illegal driving
1 month ago
A two wheeler owned by my son, met with an accident when two of his friends (aged 22 & 24 yrs.) on wheel and both of the died, last month. When the accident occurred, the 24 yrs old, who was not holding a valid license, was driving the vehicle while the pillion rider was holding a valid driving license. Both of them were not wearing helmet and I understand that they were drunken too.
I have approached a lawyer to handle this case, he informed us that, since it was an illegal driving, my son will be liable to pay the death insurance claim which will be approx. Rs. 40.00 lakhs per person.
Could you please, guide and advise me on this matter ?
A.Dear Client,
In the event of a motor accident resulting in loss of life and multiple violations of the Motor Vehicles Act and traffic rules, even if the vehicles or individuals involved are insured under the Insurance Act, the insurance company may repudiate the death claim due to those violations. Consequently, the court may find your son liable for the payment of death compensation to the claimant.
To address this situation, you have the option to appeal to the High Court, requesting a remission in the compensation amount. The outcome of such an appeal relies on the discretion of the Court. It's important to note that the court will consider various factors before making a decision on the compensation amount.
In the event of a motor accident resulting in loss of life and multiple violations of the Motor Vehicles Act and traffic rules, even if the vehicles or individuals involved are insured under the Insurance Act, the insurance company may repudiate the death claim due to those violations. Consequently, the court may find your son liable for the payment of death compensation to the claimant.
To address this situation, you have the option to appeal to the High Court, requesting a remission in the compensation amount. The outcome of such an appeal relies on the discretion of the Court. It's important to note that the court will consider various factors before making a decision on the compensation amount.
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A.Dear Client,
Where multiple violations of the Motor Vehicles Act and the traffic rules are involved in a motor accident that took away human life, even if the vehicles or the persons were insured under the Insurance Act, the death claim would be repudiated by the Insurance Company for those violations. And accordingly, the Court may hold your son liable for payment of death compensation to the claimant. You may appeal to the High Court praying for remission in compensation amount that also depends on the discretion of the Court.
Where multiple violations of the Motor Vehicles Act and the traffic rules are involved in a motor accident that took away human life, even if the vehicles or the persons were insured under the Insurance Act, the death claim would be repudiated by the Insurance Company for those violations. And accordingly, the Court may hold your son liable for payment of death compensation to the claimant. You may appeal to the High Court praying for remission in compensation amount that also depends on the discretion of the Court.
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