Insurer can't compensate if victim responsible for mishap: HC

If the accident takes place because of the "wrongful act", "neglect" or "default" of the mishap victim himself, he is not entitled to any compensation from the owner or insurer of the vehicle involved in the accident, Justice G P Mittal said.

The court said, "An insurance firm indemnifies the owner on the basis of the contract of insurance where a third party is involved...

"Where the owner himself is a tortfeasor (an individual who commits a wrongful act that injures another), he cannot claim compensation from his own insurer for a third party policy. It is thus obvious that in the absence of any contract for insurance, the appellant insurance company was not liable to pay any compensation...".

The court's observations came in a judgement on an appeal by New India Insurance Co Ltd against a Motor Accident Claim Tribunal's verdict.

The tribunal had asked the insurance firm to pay Rs 4.20 lakh as compensation to the family members of one Deepak Jain who had received fatal injuries in an accident on February 5, 2002 near Azadpur here while driving his father's two-wheeler.

Setting aside the verdict, Justice Mittal said the FIR alleged the victim was driving rashly and his scooter hit a woman, who survived with minor injuries, in the accident and he also received fatal injuries.

The family members of the victim did not produce any evidence to show that there was failure of brakes, the court said. (More)