Claim cases

Rahul Singh (Querist) 14 January 2012 This query is : Resolved
What will be the position/liability when borrower borrows M/cycle from its registered owner and then takes a person to drive it. He meets with accident(now here he is a pillion rider).Whether in such situation Ins.Co. will be liable OR he steps into the owner's shoes.Need ruling on the point?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 14 January 2012
now a days no fault compensation is given first as a rule than all issues are dealt.

Deepak Nair (Expert) 14 January 2012
In the Motor Accident Claim matter, the primary liability is on the registered owner of the vehicle, whether he was driving the vehicle or not at the time of accident.
But, if the vehicle is duly insured, then the third party liability is on the Insurer and not the Owner.
The driver and pillion rider are not considered liable to pay compensation unless there is a criminal complaint of rash and negligent driving.

Shonee Kapoor (Expert) 15 January 2012
Agreed with Ld. Nair.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 15 January 2012
As the vehicle had been sold and purchaser sent some other person on driving who met with an accident in that situation if the sale is not old than a month then the insurance company is liable otherwise both registered owner as well as purchaser who was having ultimate control over vehicle at the time of the accident.

Insurance claim depends upon various conditions. It shall be better to go through the cover note.

mahendrakumar (Expert) 15 January 2012
I am of the view of Mr.Deepak Nair.

V R SHROFF (Expert) 15 January 2012
I support view of Mr.Deepak Nair.

I add that
"rash and negligent driving." in 98% cases could not be proved, and insurance Co, had lots of fund to disburse, compare to a poor salaried Driver. So Insurance Co, Pays compensation.