Ashwin Pawar
in Insurance Law Civil Law
Asked June 14, 2017

two vehicles collided none of the drivers had license but had insurance

  • 1 Answer

What will happen when one person gets injured due to collision between two vehicles and the drivers of both the vehicles do not have a license and both the vehicles have an insurance policy and if any person of one vehicle is hurt, then who will file the claim?

Answer 1

The third party getting hurt (Mr. X) can claim compensation for damages from the owners of both the vehicles irrespective of the fact that the drivers had no licences. This is because the owner is liable for any accient caused by his vehicle and third party insurance is mandatory under the Motor Vehicles Act. Hence  Mr. X can file a suit before the Motor Accidents Claims Tribunal (MACT) agiainst the owners of both the vehices and also against the insurance companies of the respective owners.

As you have mentioned that only one of the persons got hurt, if the trbunal finds that the accident was caused due to the negligence of just one party then it may direct the negligent party to pay compensation to Mr. X. However, Mr. X has the right to be compensated for the injuries and damages casued directly from the collision and the Tribunal has the discretion to decide the quantum of liability of the respondent parties. 

Agree Comment 0 Agrees over 4 years ago

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