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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Swamiji fires gun into the air in Kalaburagi village, video goes viral
Kalaburagi: An incident involving a swamiji firing a gun into the air has been reported from Udachan village in Afzalpur taluk of Kalaburagi district. The act, captured on video, has since gone viral on social media.
The swamiji has been identified as Sri Shantalinga Shivacharya, pontiff of the Hiremath of Sri Shankaralingeshwara Samsthana. According to reports, the incident took place on Sunday evening within the premises of the math, where the swamiji allegedly fired a single-barrel gun into the air.
This is not the first time the swami has courted controversy. Last year, he was reportedly found driving erratically under the influence of alcohol in Salotagi village of neighbouring Indi taluk, following which members of the public confronted him. He later fled from the math, sources said.
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More recently, during the annual fair of the Sri Shankaralingeshwara Math in Udachan village, the swami had arrived at the village with police protection, claiming to be the rightful pontiff of the math. Despite opposition from villagers, he reportedly went ahead and conducted rituals related to the fair.
The latest incident of firing the gun into the air has triggered criticism, especially after the video surfaced online. Further action, if any, is awaited from the authorities.
