Insurance company is not obliged to pay compensation if the driver died due to his own mistake: SC

New Delhi: The Supreme Court has said in an important judgment that if a driver dies while doing stunts due to his negligence or high speed or driving in a wrong way, the insurance companies will not be bound to compensate his family. This decision is considered to be a strict message for those who attract attention by doing speed enthusiasts and stunts. Justice P.S. Narasimha and R. Mahadevan’s bench dismissed the demand for compensation from the wife, son and parents of the deceased in one case.

Accident took place on 18 June 2014

The 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 N.S. Ravish was going from Mallasandra village in Karnataka to Arsikare city by his Fiat Linia car. He 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 this accident and died.

Family demanded compensation of Rs 80 lakh

Ravish’s family had demanded compensation of Rs 80 lakh from the United India Insurance Company. The family claimed that Ravish used to earn Rs 3 lakh every month as a contractor. 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. The Karnataka High Court also rejected the family’s appeal on 23 November 2024, saying that when the accident happens due to the deceased’s own mistake, the family cannot ask for insurance compensation.

‘… then insurance company is not obliged to give compensation’

The High Court said that the family would have to prove that the accident did not happen due to the mistake of the deceased and he was under the purview of the insurance policy. The Supreme Court justified this decision of the High Court and dismissed the family’s petition. The court made it clear that the insurance company is not obliged to pay compensation if the death was done by the driver’s own mistake and no external cause is included. This decision is considered important to promote road safety and teaching a lesson to those driving carelessly.

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