Accident insurance claim

Querist : Anonymous (Querist) 05 November 2022 This query is : Resolved
I am carrying valid driving license, RC and valid third party insurance at the time of accident. Police filed IPC 338 and victim's family filed MACT Claim under MV ACT 166, 163A, 140C against me and my insurer seeking compensation of 95 lakhs.

IPC 338 is still pending in criminal court and is not yet proved.

Incase of MACT if in case judge announces a compensation of 95 lakhs, who is liable to pay the compensation ? Me as car owner/driver or insurance company ?

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Sudhir Kumar, Advocate (Expert) 19 September 2023
apparently insurer will pay

unless the facts of the case give an opportunity to the insurer. to prove violation of insurance terms.

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