Ahmedabad: In an important command, a greater bench than the Gujarat High Court has argued that insurance agents are responsible for paying compensation for motorized vehicle accidents claims for a rental driver if his death occurs, even if the accident is caused to negligence the driver.
This responsibility arises once insurance companies have received additional premiums to cover the compensation for vehicle owners.
The problem was before the Chairman of the Chief Justice of Vikram Nath, justice RM Chhaya and Justice BN Karia when the division bench referred to the reign of the appeal submitted by the Laxmanbhai Thakore family, a driver hired by the Labor Board of Kandla for him ambulance.
Thakore and the other two were killed in an accident in March 2003 when they brought a patient in the ambulance from Gandhidham to Ahmedabad.
The Thakore family submitted a case for compensation with the motorcycle claim of a court claim on the grounds that RS 30 additional was paid as a ratification of Indian motorcycle rates by employees towards the legal obligation for the driver and conductor.
The court rejected the claim in 2017 on the grounds that the accident occurred because of driver mistakes, and the problem landed in the High Court.
The division bench refers to the problem whether the insurance company is responsible for paying compensation based on motor vehicle laws.
For the Petitioner’s family, it was stated that regardless of the deceased’s negligence, the insurance company would be responsible for paying the entire compensation.
This is because additional premiums are paid and accepted and therefore an insurance company’s obligation about the principles manifested based on worker compensation actions regardless of negligence.
After hearing this case, HC concluded that after additional premiums for the payment driver, Shas had been accepted, the deceased family could claim compensation under the motor vehicle law.
“In our opinion, by accepting additional premiums, the owner’s compensation insurance company for paid drivers and / or conductors and the risk of the driver / conductor is covered below it.
After death or injury caused by the driver and / or paid conductor, the insurance company will be responsible To satisfy these claims regardless of self-negligence, “a larger bench observed and asked the division bench to decide the appropriate appeal.