Defense

Insurance Firm not Liable to Pay Compensation in Case of Rash Driving: SC

The Supreme Court of India has ruled. It determined that insurance companies are not liable to pay compensation to the families of individuals. This applies to those who die as a result of their own rash and reckless driving. This decision highlights the harms of high-speed and reckless driving, the most important being the risk to lives. The judgment serves both as a warning and as a reminder of the responsibilities of drivers in road safety.

N.S. Ravisha’s case

The ruling came in a case involving N S Ravisha. On June 18, 2014, he was driving from Mallasandra village to Arasikere town when the accident took place. His father, sister and her children were travelling in the car. The court found that Ravisha drove the car in a negligent manner without following traffic rules and lost control over the vehicle which toppled on the road. Ravisha sustained fatal injuries in the accident.

Also read: Supreme Court Cancels West Bengal Teacher Appointments: Major Setback to Mamta Banerjee

His family sought compensation of Rs. 80 lakh from the United India Insurance Company, arguing that Ravisha was a successful contractor earning Rs. 3 lakh monthly. However, the police charge sheet stated that the accident was caused by Ravisha’s rash and negligent driving. Based on this, the Motor Accident Claims Tribunal dismissed the family’s compensation request.

This decision was upheld by the Karnataka High Court. The HC underscored the necessity for legal representatives to demonstrate that the deceased was not responsible for the accident. The High Court had held that the accident occurred due to the rash and negligent driving of the deceased himself. He was considered a self-tortfeasor. Therefore, the legal heirs cannot claim any compensation for his death. Otherwise, it would amount to a person who committed a breach getting the compensation for his own wrongs.

SC upholds lower court verdict

The top court refused to interfere with the Karnataka High Court’s order dated November 23, 2024. The order had dismissed the plea filed by the deceased legal heirs claiming compensation. A bench of Justices P.S. Narasimha and R. Mahadevan gave the judgement, refusing to grant Rs.80 lakh compensation sought by Ravisha’s family.

The apex court’s judgment may have set a precedent for similar cases in future. It will likely have substantial implications for both car owners and insurers.

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