Insurance Company Not Exempted Merely Because Driver Consumed Alcohol In Excess of Prescribed Limit Unless Contributory Negligence Shown: Kerala HC
2 years, 5 months ago

Insurance Company Not Exempted Merely Because Driver Consumed Alcohol In Excess of Prescribed Limit Unless Contributory Negligence Shown: Kerala HC

Live Law  

The Kerala High Court recently held that merely because a person has consumed alcohol in excess of the limit prescribed under the penal provisions of the Motor Vehicles Act, 1988, it could not be said that he was 'under the influence of the alcohol', and the insurance company cannot be exempted from granting the claim when the person himself had not contributed to the occurrence of the. The Kerala High Court recently held that merely because a person has consumed alcohol in excess of the limit prescribed under the penal provisions of the Motor Vehicles Act, 1988, it could not be said that he was 'under the influence of the alcohol', and the insurance company cannot be exempted from granting the claim when the person himself had not contributed to the occurrence of the accident in any manner. Since the deceased had consumed alcohol exceeding the limit of 30 mg per 100 ml of blood prescribed under Section 185 of the Motor Vehicles Act, 1988, as revealed by the Chemical analysis report, it was contended that the insurance company was excluded from its liability for compensation. "the only case projected by the Insurance Company is on the basis of the chemical analysis report that the alcohol content in blood is exceeding the limit prescribed in Section 185 of the Act 1988, which by itself is not sufficient to have the advantage of the exclusion clause in favour of the insurer", Court observed.

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History of this topic

Motor Vehicles Act | Claim U/S 163A Will Not Lie Against Anyone Other Than Owner Or Insurer: Kerala High Court
5 days, 5 hours ago

Motor Vehicles Act | Claim U/S 163A Will Not Lie Against Anyone Other Than Owner Or Insurer: Kerala High Court

Live Law  

The Kerala High Court has held that liability to pay compensation under Section 163A of the Motor Vehicles Act will not lie against any person other than the owner and the insurer of the vehicle because the claimant need not plead or establish negligence. Justice C.Pratheep Kumar relying upon the Division Bench decision in United India Insurance Co.Ltd., v. Madhavan …

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court
1 month, 3 weeks ago

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident cover of an insurance policy, even when the driver himself was at fault for the accident. 2 lakhs and if such a situation is there, certainly the deceased entered into the shoes of the owner.” The court clarified …

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
1 year, 8 months ago

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court

Live Law  

The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt …

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court
2 years ago

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that even if a person was intoxicated or smelling with alcohol, the same cannot be an excuse for the driver of a bus for causing the road traffic accident and causing injuries to the injured person. The bench said “The claimant who claims to be the injured in the road traffic accident …

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court
2 years, 1 month ago

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

Live Law  

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses …

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
2 years, 5 months ago

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC

Live Law  

The Kerala High Court on Friday held that compensation could not be awarded to the heirs of the deceased, who 'stepped into the shoes of the owner', by borrowing the vehicle and whose rash and negligent driving brought about his own death.Justice Sophy Thomas, while setting aside the order of the Motor Accident Tribunal granting compensation to the heirs of …

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC
2 years, 6 months ago

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC

Live Law  

The Karnataka High Court has held that an insurance company is not absolved of its liability to pay compensation, in case the driver of an insured vehicle dies of heart attack during the course of employment, only on the ground that the tipper lorry was not in use at the time of his death. Referring to an earlier ruling in …

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence
2 years, 9 months ago

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence

Live Law  

The Kerala High Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. "The prime question arises …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 10 months ago

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Live Law  

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The Insurance Company contested that the negligence of the tempo driver should …

'Death Not Accidental': SC Refuses Insurance Claim to Kin of Man Who Died of Excessive Alcohol Consumption
4 years ago

'Death Not Accidental': SC Refuses Insurance Claim to Kin of Man Who Died of Excessive Alcohol Consumption

News 18  

The Supreme Court Monday refused to grant insurance claim to the legal heir of a man who died of asphyxia due to excessive drinking of alcohol, saying the insurer was only liable to compensate a person who sustains injury solely and directly from the accident. A bench of Justices M M Shantangoudar and Vineet Saran upheld the orders of National …

It Is The Burden Of Insured To Prove That Intimation Of Cancellation Of Insurance Policy Was Not Received From Insurer : Kerala HC Full Bench [Read Judgment]
6 years, 4 months ago

It Is The Burden Of Insured To Prove That Intimation Of Cancellation Of Insurance Policy Was Not Received From Insurer : Kerala HC Full Bench [Read Judgment]

Live Law  

"The burden is on the addressee to rebut the presumption by conclusive evidence that he did not really receive the letter and it is not a case of deliberate avoidance. The burden is not on the insurer to establish conclusively that the intimation of cancellation of insurance coverage was in fact served on the insured or the registering authority", held …

Drunken Driving By State Transport Bus Driver Is Grave & Serious Misconduct: Bombay HC [Read Judgment]
8 years, 2 months ago

Drunken Driving By State Transport Bus Driver Is Grave & Serious Misconduct: Bombay HC [Read Judgment]

Live Law  

It is not expected of an employer to wait till such a driver commits an accident resulting in fatalities, the court observed.The Bombay High Court has observed that consuming liquor while on duty and performing the function of a driver of a state transport bus is a grave and serious misconduct and it is not expected of an employer to …

Drunken Driving By State Transport Bus Driver Is Grave & Serious Misconduct: Bombay HC [Read Judgment]
8 years, 2 months ago

Drunken Driving By State Transport Bus Driver Is Grave & Serious Misconduct: Bombay HC [Read Judgment]

Live Law  

It is not expected of an employer to wait till such a driver commits an accident resulting in fatalities, the court observed.The Bombay High Court has observed that consuming liquor while on duty and performing the function of a driver of a state transport bus is a grave and serious misconduct and it is not expected of an employer to …

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