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Yashika Dubey   28 May 2024

Can victim claim dual compensation


I was in an accident with a tempo in Faridabad a couple of years ago with a commercial vehicle a tempo. It was not my fault as the tempo was driving recklessly. However the police believed their version as they had more visiable injuries than me.

The police lodged a FIR under sec 279 and 337.

The other party got hurt on their head and I was the one who took them to the hospital after the accident.

The other party received approx Rs 2 Lacs as insurance from my policy after the accident.

I think they also received insurance from their insurance policy as they too must have claimed so.

I now want to compromise this matter and end the case

The other party is asking for lot of money to settle.

I want to know that is it legal for a person to claim dual insurance what I mean is claim insurance for the same injury from my insurance company and also claim insurance for the same injury from their individual policy

If it is illegal then can I use this against the other party to force a settlement.

Also how can I find out if they claimed dual insurance.

Please guide as I am not getting right legal advice I feel




 6 Replies

T. Kalaiselvan, Advocate (Advocate)     28 May 2024

The claim for insurance compensation from two insurance companies at a time for the same accident is not possible.

The claim form consists of column pertaining to similar claim from other vehicle insurance company and also it is the same FIR that is applicable for the claim hence it is not possible for them to claim double claim from two insurance companies simultaneously for the same accident

Dr. J C Vashista (Advocate )     29 May 2024

There are 2 different cases in a motor accident ie.., criminal (FIR) case where offending vehicle shall be tried and punished under the provisions of Section 279 and 337 IPC, 1860


another motor accident claim under the provisions of section 166 of Motor Vehicle Act, 1988

Billie Jolie   31 May 2024

You can follow more information here geometry dash

P. Venu (Advocate)     01 June 2024

"I now want to compromise this matter and end the case"

What is it that you want to compromise?

Dr. J C Vashista (Advocate )     02 June 2024

You are injured  claimant and accused or complainant in the case ?

Take the case in Lok Adalat.

Vanshika (-)     03 June 2024


As per your case, Claiming compensation from multiple insurance policies for the same incident is known as double insurance which is not inherently illegal, but it is not allowed. Insurance companies typically include clauses in their policies to prevent double recovery that a person cannot receive more than the actual loss or damage incurred.

If the other party claimed from both insurance policies without disclosing the other claim, it could be considered insurance fraud, which is illegal.

To verify the dual claims:

You can contact your insurance company and inform them about your suspicion of dual claims. They have the resources to investigate if the other party has also claimed from their insurance.With the help of your lawyer, you can request information from the other party's insurance company about any claims made. This might require a court order if they refuse to disclose this information.

If you can prove that the other party made fraudulent claims, you can use this information to negotiate a settlement. Informing the other party that you are aware of their dual claims and are prepared to pursue legal action for insurance fraud might incentivize them to settle the matter fairly.

Section 420 IPC - Cheating and Dishonestly Inducing Delivery of Property:

If you have evidence to support your suspicion that the other party made fraudulent claims to both your insurance company and their own, you could potentially file a legal action under this section for cheating.

You can also consider filing a civil lawsuit against the other party for damages or compensation if you believe you've suffered losses as a result of their actions or false claims.

Hope this solves your query.



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