Legal Question in Insurance Law in India

Motor Accident

One of my friend met with accident and died. He was a pillion rider when accident took place. He consumed Alcohol. He was in hospital for 18 days (In ICU) and got discharged for a day. While taking food, it went to his breathing canal and died.

He took a Policy with an Insurance Company for 1 Lacs.

HOwever, insurance company argues that the insurer should not have taken liquor during accident.

My contention is 1) He was not a driver 2) Death is not due to consumption of liquor. He was in hospital for 18 days and while taking good it went into breathing canal and caused death. 3) The other person came in One-Way and was reason for the accident.


Asked on 4/30/07, 5:21 am

1 Answer from Attorneys
Vinay Mathur Vinay Mathur & Associates

Re: Motor Accident

there can be two ways by which your friend can get the compensation First is the way which you have already applied that is the his own insurance policy by which he was insured and the second is by filing a claim petition before the Motor Accident Claims Tribunal for compensation against the vehicle who hit him and the the vehicle on which he was going.

For the first method which you have already applied can not be denied on the basis that the deceased was under the influence of liquor. As for causing the accident he was not at all liable.

Both the claims can run simultaneously independant of each other without effecting the consequences.

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Answered on 5/01/07, 3:15 am


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