The truck driver did not have a license at the time of the accident.
The insurance company refused to give the claim to the victim’s family.
The court said – Give the claim to the victim and recover the money from the truck owner.
Mumbai. If the driver’s license expires and still he is driving, the insurance company does not settle the claim in case of any accident during this time. Till now everyone had this information. But now the Bombay High Court, by issuing an important order, has given a capitulation to this. In fact, the Bombay High Court has ordered the insurance company to pay compensation to the family of a woman who lost her life in an accident. The court said during this time that it cannot be proved that the person driving the vehicle was not a skilled driver due to the expiry of the driving license.
The High Court set aside the order of the Motor Accident Claims Tribunal, which absolved the insurance company of any liability due to the expiry of the license. The court, while upholding the right of the claimant in such cases, allowed such cases to be appealed. The court said that according to section 173 of the Motor Vehicle Act, any person who does not agree with the decision of the tribunal can file an appeal. The claimant has every right to file an appeal.
Also read: Honda’s new SUV coming to sour Creta’s teeth, booking started for just Rs 11,000, curtain will be removed on this day
it was complicated
According to information, on 23 November 2011, Asha Baviskar was traveling on a motorcycle with her husband. During this, he died after being hit by a truck. The tribunal then ordered compensation to the owner of the truck and exempted the insurance company from paying the claim because the truck driver’s license had expired shortly before the incident. After this, the woman’s family filed an appeal in the High Court against the insurance company. The insurance company said that under Section 173 of the Motor Vehicle Act, the truck owner would be considered in the category of aggrieved person and can file an appeal.
The insurance company said that the word “victim” is not defined in the Act and the claimants cannot be treated as victims to seek compensation. On this, the court said that it was the responsibility of the insurance company to give the claim. If the driver’s license was not valid at the time when the accident happened, it cannot mean that he is not a better driver. The court said that the insurance company will have to pay compensation to the victim’s family and recover it from the truck owner.
With this, the court said that the owner of the truck has not challenged the order. In such a situation, it would be wrong to say that the claimant cannot challenge. Kotr believes that any aggrieved person can make a claim. With this, the court ordered the insurance company to pay strict compensation and asked to recover the amount from the truck owner.
Tags: accident, Auto News, Bike News, car insurance
FIRST PUBLISHED : June 02, 2023, 17:57 IST