Gauhati High Court Upholds Compensation for Deceased Driver's Sisters in Landmark Accident Case Court Rules Insurance Company Liable to Pay Compensation Despite Claims of Culpable Homicide
In a significant judgment, the Gauhati High Court, under the presiding judge Mrs. Susmita Phukan Khaund, upheld the decision of the Tribunal to award compensation to the sisters of a deceased driver, Kabed Ali, who was killed in an incident involving a vehicle insured by HDFC Ergo General Insurance Co. Ltd. The court dismissed the appeal filed by the insurance company, which argued that the case was one of murder rather than a motor vehicle accident and that the sisters were not financially dependent on the deceased.
The incident occurred on September 14, 2008, when Kabed Ali was allegedly murdered after two miscreants hired his vehicle. The following day, his body was discovered near a coconut plantation in Batabari. Despite the insurer's contention that the death was due to culpable homicide, the Tribunal categorized it as an accident arising from negligent driving, relying on precedents from the Supreme Court and High Court.
The insurance company was directed to pay Rs. 3,49,000 as compensation, with the right to recover the amount from the vehicle's owner. The court also addressed the issue of the vehicle being used for commercial purposes despite being insured as a private car, but upheld the Tribunal's decision for the insurer to cover the compensation initially.
The court further ruled on the dependency issue, noting that while the claimants were married sisters, the onus was on the respondents to prove their marital status at the time of the accident. The Tribunal's decision was deemed correct on the basis of preponderance of probabilities, affirming the claimants' entitlement to compensation.
In conclusion, the court's judgment reinforced the precedent that insurance companies hold liability in cases categorized as accidents, despite the circumstances surrounding the incident. This decision underscores the judiciary's commitment to ensuring rightful compensation to victims' families under the Motor Vehicles Act, 1988.
Bottom Line:
Motor Vehicle Accident - Claim of compensation by married sisters of the deceased was held maintainable despite arguments regarding their dependency.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166, Indian Penal Code Section 302, Code of Civil Procedure Order 41 Rule 33
HDFC Ergo General Insurance Co. Ltd v. Musstt Anowara Begum, (Gauhati) : Law Finder Doc Id # 2834646
