Motor vehicles act

Querist : Anonymous (Querist) 13 October 2011 This query is : Resolved
wife is the owner of the car. her husband while driving the car met with an accident and died. now the wife has claimed compensation. is she entitled to the same and what if the policy is a comprehensive policy does the husband become a third party

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prabhakar singh (Expert) 13 October 2011
IF THE HUSBAND HAD A VALID DRIVING LICENCE AT THE TIME OF DRIVING THEN EVEN IF THE POLICY WAS NOT COMPREHENSIVE COMPENSATION SHALL BE AWARDED AGAINST THE OWNER OF THE VEHICLE AND /OR ITS INSURER WITH WHOM THE CAR MET THE ACCIDENT.

Raj Kumar Makkad (Expert) 13 October 2011
You have not mention whether the accident was caused by any other vehicle, if not, no such petition is maintainable as husband of petitioner has died due to his own mistake/carelessness. Deceased cannot be treated as a third party and moreover the petitioner herself is the owner of the vehicle being driven by her deceased husband so she cannot file petition herself or insurance company.