In Motor Vehicle Accident Claims, the Insurance Company Must Pay the Award Amount First and Then Recover from the Vehicle Owner and Driver: Madhya Pradesh High Court
In a significant judgment concerning motor vehicle accident claims, the High Court of Madhya Pradesh at Jabalpur, presided over by Hon’ble Shri Justice Amar Nath, has ruled on the contentious issue of the liability of insurance companies in accident claims. The court dealt with the appeals in Miscellaneous Appeal No.3096 of 2013 and No.2962 of 2013, involving appellants Smt. Prembai, Chammo Bai, and respondents Doulaltram, Ranjeet Singh, The Oriental Insurance Co. Ltd.
Background: The case originated from a tragic accident on June 10, 2011, causing the death of Mangilal. His wife and daughter sought a compensation claim of Rs. 33,25,000. However, the Tribunal awarded a sum of Rs. 4,87,000 with an interest of 7.5% per annum, instructing the insurance company to pay this amount and then recover it from the vehicle owner and driver.
Legal Point: The primary legal issue revolved around the enhancement of compensation and the liability of the insurance company in case of policy breaches, such as the driver not possessing a valid license.
Court’s Assessment:
Enhanced Compensation: The Court, acknowledging the appellants’ plea, enhanced the compensation by Rs. 80,000, citing the need for additional amounts under the heads of loss of spousal and parental consortium.
Insurance Company’s Liability: Despite the insurance company’s contention that the driver had an invalid license at the accident’s time, the Court upheld the Tribunal’s direction. It relied on precedents set by the Apex Court, emphasizing that insurance companies are initially liable to pay compensation. They can later recover the amount from the vehicle owner and driver. The judgment referenced several landmark decisions, including New India Assurance Company Limited Vs. Kusum & Others and National Insurance Company Vs. Swarn Singh.
Pay and Recovery Order: The Court maintained that the insurance company must pay the enhanced compensation within 60 days, with 6% interest from the claim’s filing date. The right to recover this amount from the vehicle’s owner and driver was affirmed.
Decision: The appeal for enhanced compensation by the claimants was allowed, and the insurance company’s appeal was dismissed. The company is directed to comply with the payment order, following which they are entitled to recover the amount from the vehicle owner and driver.
Date of Decision: 1st April 2024
Smt. Prembai & Anr. Vs. Doulaltram & Ors.
