Insurance companies cannot deny compensation because of route deviation: SC
New Delhi (PTI): The Supreme Court has said that insurance companies cannot deny compensation to accident victims merely because there was deviation in route of the vehicle involved and that it was in violation of the permit.
A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra said the purpose of an insurance policy in the present context is to shield the owner/operator from direct liability when such an unforeseen/unfortunate incident takes place.
"To deny the victim/dependents of the victim compensation simply because the accident took place outside the bounds of the permit and, therefore, is outside the purview of the insurance policy, would be offensive to the sense of justice, for the accident itself is for no fault of his. Then, the insurance company most certainly ought to pay," the bench said.
The top court made the observation while while dismissing appeals filed by a vehicle owner and insurer, The New India Insurance Company Limited.
On October 7, 2014, a motorcyclist was hit by the offending vehicle being driven in a rash and negligent manner, resulting in his death on the spot.
The Motor Accident Claims Tribunal awarded an amount of Rs 18.86 lakh as compensation along with interest.
Being aggrieved with the amount of compensation awarded, the petitioner filed an appeal before the Karnataka High Court on the grounds that the compensation was
not correctly calculated by the Tribunal.
The insurance company also challenged the Tribunal’s order on the grounds of violation by the insurer of the conditions enumerated in the policy.
The high court directed the insurance company to satisfy the award as passed by the Tribunal and granted the right to recover the amount from the owner of the bus.
While the insurer challenged the high court's direction to pay compensation first and later recover from the owner, the owner challenged the high court's order allowing recovery from him.
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How can govt move amendments to women law before notifying principal Act: Opposition in LS
New Delhi (PTI): Opposition members in the Lok Sabha on Friday questioned the government's decision to move a bill to amend the 2023 women quota law before bringing the principal Act into force.
Soon after laying of parliamentary papers, K C Venugopal rose to point out a law ministry notification issued last night around 10 pm to bring into force the 2023 women's reservation law with effect from April 16, much after a bill to amend the Act was introduced and discussed in the House.
DMK's Kanimozhi also flagged the issue, wondering the logic in discussing an amendment after notifying the principal Act.
Opposition members sought a clarification from law minister Arjun Ram Meghwal who was present in the Lok Sabha.
"The Nari Shakti Vandan Adhiniyam passed in September 2023 has come into force with being published in the Gazette only at 9.55 pm last night.
"It is shocking that the government brought amendments to a Constitutional provision that was not even published in the gazette! This shows the government’s unprepared and lackadaisical approach to serious lawmaking," Venugopal later posted on X.
He said this is also yet another evidence that the treasury benches look at the Parliament as no more than a rubber stamp, not bothered about the procedures and protocol necessary for a fair legislative process.
An official has earlier explained that bringing the law into force was essential as its proposed amendment will not have come into effect without that.
The constitution amendment Bill became a law but did not become part of the Constitution as the government did not bring it into force.
If a law does not come into force, how can its proposed amendment be implemented. Hence, it was brought into force with effect from April 16, the official explained.
