Fake Driving Licence or Bus Overloading: Is the Insurer Liable?
In New India Assurance Company v. Reema Devi (Himachal Pradesh High Court), important principles concerning motor accident compensation were discussed.
Key legal takeaways:
- Fake Driving Licence: A fake licence alone does not automatically absolve the insurer; the relevant breach of policy conditions must be established.
- Overloading: Excess passengers do not automatically defeat third-party claims. The insurer may be directed to pay compensation and recover the excess from the vehicle owner, as applicable.
- Just Compensation: Future prospects, personal expenses and the appropriate multiplier must be considered.
- Consortium: Eligible family members may claim spousal, parental or filial consortium.
- Domestic Contribution: The household work and caregiving services of deceased women and girls must be fairly valued.
Legal Learning | Shri Ganpati Jurists
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