Thiruvananthapuram:Insurance companies are responsible for compensating the accident victim. The Kerala High Court has said that the insurance company should provide compensation to the victims, irrespective of whether the driver caused the accident while under the influence of alcohol, whether or not there is a policy decision on compensation.
Even if the accident is caused by drunk driving, the third party victim should be compensated first. Later, the insurance company can collect it from the driver or owner of the vehicle that caused the accident, according to Judge Sophie Thomas.
“Even if drunk driving is a violation of the policy, the onus is on the insurance company to pay compensation. The person who caused the accident may have been disqualified from driving due to intoxication. Although. The company cannot avoid paying compensation to the victim.
Because the vehicle that caused the accident is validly insured with the insurance company. Therefore, the insurance company must first provide compensation to the injured third party who claims compensation. At the same time, the company is entitled to recover the amount from the driver or owner of the vehicle involved in the accident,” the court said.
The court said this while hearing an appeal against the compensation awarded by the Motor Accident Claims Tribunal as insufficient.
This accident happened in 2013. Then the petitioner went in an auto. The accident happened when the car hit the auto he was traveling in. The petitioner was thrown from the vehicle onto the road. He is also seriously injured. He was discharged after 7 days of treatment in the hospital. However, he needs rest for six months.
The petitioner has been earning Rs.12 thousand per month as a driver. In this regard, he approached the Motor Accident Claims Tribunal and sought a compensation of Rs 4 lakh. However, the tribunal allowed him to pay only Rs 2.4 lakh as compensation. So, he has approached the High Court. The court heard this case. In this case, the insurance company had informed that the driver of the car who caused the accident was under the influence of alcohol.