Insurance claim

G.Padmanabhan (Querist) 07 September 2011 This query is : Resolved
An auto driver, earning a livelihood by driving an auto taken on hire from its owner, dies in an accident while applying sudden brake by hitting against the road median. FIR is filed u/s. 304-A and 279 against the deceased driver. Can his family apply for claim for Third party death against the insurer of the auto. If not, has his family any other legal right/remedy to claim compensation. Please guide.

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Guest (Expert) 07 September 2011
Case on a deceased does not stand. His legal hiers cannot be booked as a proxy to the deceased driver under the sections referred to in the question. Only insurance company has to suffer any loss in case of any compensation becomes due.

prabhakar singh (Expert) 07 September 2011
Its really strange to listen that a FIR is lodged against a deceased ". FIR is filed u/s. 304-A and 279 against the deceased driver." No prosecution will any way proceed.

Can his family apply for claim for Third party death against the insurer of the auto.
yes!it can be.

His family can claim against owner also provided it is proved that driver was in employment of owner of auto.The owner in turn will get claim satisfied by insurance company subject to validity of insurance and if driver had a valid licence.

ajay sethi (Expert) 07 September 2011
i agree with expert Mr prabhakar Singh

Raj Kumar Makkad (Expert) 07 September 2011
I do agree with experts.

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