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adv. rajeev ( rajoo ) (practicing advocate)     25 September 2010

Accident Case

Dear Learned Members,

I have got some doubt please if you have any ruling kindly post it.

A vehicle was going and it hit the tree due to this the branch of the tree fell on the man sleeping under the tree and he died in a spot.  In my opinion it amounts to negligence of the driver.  So insurance comapny is liable to pay the compensation to the legal heirs of the deceased man.

Thanks in advance.



Learning

 7 Replies

Suchitra. S (Advocate)     25 September 2010

I do not know any case laws. But i feel insurance company is not liable to pay compensation as it is pure case of negligent driving.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2010

Hello Madam,

the accident is arisen due to use of the motor. 

Adv Archana Deshmukh (Practicing Advocate)     25 September 2010

In my opinion  the insurance co. is liable as the man died because the branch of the tree felt on him and the branch of tree felt on the man because it was hit by the vehicle. It is the consequence of the accident i.e.  the death can be clearly attributed to the incidence of the vehicle hitting the tree. 

1 Like

Arvind Singh Chauhan (advocate)     25 September 2010

I go with archana mam.

Suchitra. S (Advocate)     25 September 2010

I am herewith want to rectify my earlier reply. Yes, the insurance company has to approve the claim. The court will punish the driver for negligent driving. It is a clear case of accident which is covered by the terms and conditions of insurance policy. Agree with Archana ji.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     26 September 2010

Thanks alot

(Guest)

Insurance comapny is liable

Driver of the vehicle in question was rash and negligent and, as such, owner of the vehicle alone is liable to compensate the claimants. In your case the insurance co.liable to pay compensation.

Chapter X of the Motor Vehicles Act, 1988 deals with the liability without fault in certain cases. Under section 140 of the Act(Vicarious Liability case of Ryland vs Fletcher by the privy council in 1868), where death or permanent disablement of any person has resulted from an accident arising out of the use of the motor vehicle or motor vehicles, the owner of the vehicle shall, or as in the case may be, owners ofthe vehicle, shall jointly and severally liable to pay compensation in respect of such death or disablement in accordance with the provisions of this Section. Therefore, in such cases, in the interest of the claimant or dependent of the deceased victim interim order u/s. 140 has a social purpose and can be passed against the owner as well as insurer in respect of the motor vehicle.

 

In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of mens  rea.

 

If an accident happens, wherever possible always keep a record of what happened, and take photographs if relevant; take the names and home addresses of witnesses; keep evidence of doctors visited and treatments, and keep receipts for any injury related expenses.

 

Where possible, report your accident to the person or organisation who owns or is responsible for maintaining the premises where your accident took place.


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