Insurance Company Liable To Pay Compensation to Family of Deceased Even if Driver Was Drunk at Time of Accident, Says Madras High Court
The high court bench of Justice M Dhandapani followed a decision of the Kerala High Court in Muhammed Rashid @ Rashid vs. Girivasan E.K and held that even if the policy document had a condition that driving of vehicle in an intoxicated condition is violation of terms and conditions of the policy, the Insurance company would still be liable to pay the compensation.
Recently, the Madras High Court said that the Insurance company would be liable to pay compensation to the family of the deceased even if the driver of the vehicle that was involved in the accident was under the influence of alcohol at the time. The high court bench of Justice M Dhandapani followed a decision of the Kerala High Court in Muhammed Rashid @ Rashid vs. Girivasan E.K and held that even if the policy document had a condition that driving of vehicle in an intoxicated condition is violation of terms and conditions of the policy, the Insurance company would still be liable to pay the compensation. The court observed while hearing an appeal filed by Bhuvaneswari and others, the family of Rajasekaran, who died in a road accident. The appellants had approached the court to enhance the compensation awarded by the Motor Accident Claims Tribunal. Rajasekaran died on December 30, 2017, when he was walking on the left side of Thiruneermalai Main Road, near the Solid Waste Management Office, Chennai. Back then, a van, which was being driven in a rash and negligent manner, hit him from behind, thereby killing him on the spot. HC on Potency Test for Male Accused: Madras High Court Bars District Courts From Ordering Mandatory Potency Tests in Sexual Assault Cases.
Rajasekaran Died in Road Accident in 2017
Insurance Company Liable To Pay Compensation Even If Driver Was Intoxicated At Time Of Accident: Madras High Court | @UpasanaSajeevhttps://t.co/eaLnx6IZoZ
— Live Law (@LiveLawIndia) March 3, 2025
(The above story first appeared on LatestLY on Mar 04, 2025 09:29 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
