Vehicle owner claim his paid amount to deceased family from insurer in accident case before court

if the victim's legal heirs are claiming insurance amount in a MACT then there was no necesity for the vehicle owner to pay the compensation amount.

If it was a voluntary act then he cannot claim the return of the amount paid by him to the heirs of the victim.

What is the truth? Had he really paid?

sir, vehicle owner paid the above amount to the claimant through cheque before filing the accident claim case .

The amount paid by the owner of the vehicle is voluntary which shall have no affect on the claim of the victim.

It was the fault of vehicle owner to pay the amount even before the MACT case was filed especially if he knew that the insurance was in force as on the date of accident.

He may not be having any right to claim it back at this stage.

vehicle owner can recover his paid amount from the Insurance Company if insurance is lable to pay compensation to the claimant.

No, the vehicle owner cannot recover the insurance compensation amount to be paid to petitioner in the MACT case neither can force the insurance company to pay that amount directly to him, it will be considered as an illegal demand.

An accident takes place. The victim or the legal heir of the victim can claim compensation. The liability to pay compensation is on the owner of the vehicle not on the insurance company. If the vehicle is insured the liability gets transferred to the insurance company. All vehicles are to be compulsorily insured. In the case of a vehicle owned by the Government, the vehicle is not insured and the Government is liable to pay the compensation. The case goes to the tribunal and the tribunal orders the Government to pay compensation. Suppose a private vehicle is not insured the tribunal will order the owner to pay compensation. Besides, the owner will also be prosecuted for running an uninsured vehicle. The liability to pay compensation is always on the owner of the vehicle. It gets transferred to the insurer when the vehicle is insured.

In the case here a good narration of the case is not given. I presume that it was as follows. An accident takes place and victim dies in the accident. The legal heir is eligible to claim the compensation. The normal procedure is that the case goes before the tribunal. The opposite party in the case will be both the owner of the vehicle and his insurance company. The insurance company normally thinks it is their dharma to disown liabilty and the case prolongs. The owner of the vehicle in good faith thinks that he should save the ordeal of the victim and himself advances the compensation amount. When the final order of the tribunal comes either the victim should ask the insurance company to reimburse the amount to the owner of the vehicle or he himself should pay back the amount to the vehicle owner. If not, the vehicle owner can go to court to claim the amount

Originally posted by : chandra prakash sinha
	vehicle owner can recover his paid amount from the Insurance Company if insurance is lable to pay compensation to the claimant.

There is no such provision of law and/or covenent in insurance policy. However, if you have any knowledge on the subject, please enlighten us also.

When there is no such provision in law, it is called "lacuna". When there is such lacuna one seeks justice from court. If a person does something in good faith, he should not be punished for that, The tribunal may not give justice. One may have to go to High Court or even Supreme court.