LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Karthikeyan (Employee)     11 May 2024

Motor accident insurance claim mcop

Respected Sir / Madam,

I request your kind advise on the following motor accident case :

My brother (Mr. A) was driving the bike with his colleague (Mr. B) in a two wheeler. (Mr. A was driving and Mr. B was sitting backside of him).

A bike coming from the opposite direction (drived by Mr. C) hit Mr. A’s bike. Mr. A died in the accident on the spot and Mr C died when he was carried to the hospital.

The incident took place near Thanjavur, Tamil Nadu.

Mr. A had a valid driving licence. The bike which Mr. A was riding was owned by his colleague Mr. B.

The two wheeler which came from opposite direction (drived by Mr. C) does not have vehicle insurance.

However, the two wheeler owned by Mr. B is insured and not expired as on the date of incident.

The clauses in the Certificate of Insurance of Mr. B's two wheeler reads as follows:

Persons or classes of persons entitled to drive

Any person including Insured provided that a person holds an effective driving licence at the time of accident and is not disqualified from holding or obtaining such a licence. Provided also that the person holding an effective Learner's Licence may also drive the vehicle and such a person satisfies the requirements of Rule 3 of Central Motor Vehicle Rule, 1989.

Limits of Liability:

Under Section II-I (i) Death or bodily injury in respect of any one accident; As per Motor Vehicles Act 1988 Under Section II-I (ii) Damage to third party property in respect of any one claim or series of claims arising out of one event: 100000 /-."

In the above context, my queries are:

1. As the two wheeler which came from opposite direction does not have insurance coverage, what compensation can be claimed by the legal heir of Mr. A? Kindly explain the procedures to be followed. 

2. Can the legal heir of Mr. A claim compensation on the basis of insurance cover of two wheeler of Mr. B? IKindly explain the procedures to be followed.

Please advise on the above queries so that I can help the victim's family.

Your kind advise will be highly appreciated.

Thank you.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

The compensation amount towards the accidental death cannot be claimed from the legal heirs of the deceased driver of the vehicle which did not have valid insurance.

The vehicle involved in the accident of the person who drove it, if covered with the personal accident insurance then the legal heirs of the deceased can claim compensation out of the insurance of the vehicle met with the accident

P. Venu (Advocate)     11 May 2024

"A bike coming from the opposite direction (drived by Mr. C) hit Mr. A’s bike". Obviously, one vehicle was on the wrong side. Which one?

Dr. J C Vashista (Advocate )     12 May 2024

The vehicle driven by deceased A and owned by B (pillian rider) is not liable to compensate LRs of C.

On the other hand LRs of A shall have a claim against C (his LRs) despite the fact it was without a valid insurance .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register