Injury claim by co accused in mv act 185
Pradeep
(Querist) 10 November 2014
This query is : Resolved
An offence was committed under MV act 185 and the driver (Owner) and co passenger were booked U/s 185 whereby their vehicle rammed into a wall and let on bail. No injury was recorded at police station nor did any physical observance of injury visible for the co passenger or for other two passengers including driver. One left of his own and later got admitted and treated for broken arm. He has registered a case with police for claiming general insurance cover for his injury which hasn't been recorded anywhere at the time of mishap. Whether he being equal party to offense can claim readdress under any law for his injury. Whether insurance company will accept the claim or make insurer to pay the claim as it was case of drunk driving. Kindly provide insights on the ways to get out of this case.
Kiran Kumar
(Expert) 16 November 2014
Yours is quite a vague query....elaborate some more facts.
A co-passenger may seek compensation from the Owner/Insurance Company under certain circumstances.
However, he will have to prove that the injury was an outcome of the accident. As per the facts given by you, he left at his own and did not raised a point about any injury to him, then it will be difficult for him to prove that he was injured because of that accident.
Now the questions will be Whether he was a gratuous passenger? Whether there was any misuse of vehicle like being used for hire and reward against the terms of policy? etc.
