Insurance companies not liable to pay to family of driver who dies due to own negligence: SC

New Delhi: The Supreme Court has ruled that the insurance companies are not liable to pay compensation to the family of a driver who dies in an accident caused by rash and negligent driving.

Family’s Rs 80 L claim dismissed

A bench of Justices P S Narasimha and R Mahadevan dismissed a compensation plea filed by the wife, son, and parents of N S Ravisha, who sought Rs 80 lakh from United India Insurance Company after Ravisha died in a self-caused car accident.

Accident caused by Rash Driving

The incident took place on June 18, 2014, when Ravisha was driving a Fiat Linea from Mallasandra village to Arasikere town with his father, sister, and her children as co-passengers.

Driving at high speed and violating traffic rules near Mylanahalli gate, Arasikere, Ravisha lost control, causing the vehicle to topple and roll on the road. He succumbed to injuries sustained in the accident.

Claims rejected by Tribunal and High Court

His family claimed compensation because he was a contractor earning Rs 3 lakh per month. However, the Motor Accident Claims Tribunal rejected their petition after the police charge sheet concluded that the accident resulted from Ravisha’s rash and negligent driving.

On appeal, the Karnataka High Court upheld the tribunal’s decision in November last year, observing that, “When a claim is made by legal representatives of the deceased, it has to be proved that the deceased was not himself responsible for the accident. It is also necessary to prove that the deceased would be covered under the policy to make the insurance company liable to pay.”

Supreme Court upholds HC Ruling

Endorsing the High Court’s view, the Supreme Court said, “If death is caused due to a mistake on the part of the deceased without involvement of any extraneous factors, the insurance company is not liable to pay compensation.

In this case, the accident occurred due to rash and negligent driving by the deceased himself, and him being a self-tormentor, his legal heirs cannot claim compensation for his death.”