Driver’s own death due to his own mistake and not obliged to pay compensation, SC’s big decision
The Supreme Court has said in an important judgment that if a driver dies due to his negligence or high speed or driving in a wrong way, then the insurance companies will not be bound to compensate his family. Justice PS Narasimha and R. Mahadevan’s bench dismissed the demand for compensation from the wife, son and parents of the deceased in one case.
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What was the whole matter
The Supreme Court gave this decision in a case related to a person who had fallen victim to the accident while driving a car with high speed and carelessness. The accident took place on 18 June 2014 when NS Ravish was going from Mallasandra village in Karnataka to Arsikare city in his Fiat Linia car. Ravish was accompanied by his father, sister and sister’s children. Ravish drove the car with high speed and carelessness and broke the traffic rules. He lost control of the car near the Malanhalli Gate, causing the car to overturn. Ravish was badly injured in the accident and died.
Family had demanded 80 lakh rupees
Ravish’s family had demanded compensation of Rs 80 lakh from the United India Insurance Company on his death. The family said that the contractor Ravish used to earn 3 lakh rupees every month. But the police charge sheet clearly stated that the accident happened due to Ravish’s negligence and high speed. The family’s demand was rejected by the Motor Accident Tribunal.
Supreme Court declared the High Court’s decision correct
The Karnataka High Court also rejected the appeal of the family on 23 November 2024, saying that the family cannot ask for insurance compensation when the accident happens due to the deceased’s own mistake. The High Court said that the family would have to prove that the accident did not happen due to the accident of the deceased and it was under the purview of the insurance policy. The Supreme Court justified the High Court’s decision and dismissed the family’s petition. The court clarified that the insurance company is not obliged to pay compensation if the death has occurred due to the driver’s own mistake and does not include any external cause. Input agencies edited by: Sudhir Sharma
