Negligence and Liability

*"Exclusive Negligence of Victim - Deceased" - Supreme Court Dismisses the appeal Filed by Insurance Company upholding Interest Liability of Company*

In the case of NICL v. Sinitha [2011] GCtR 2947 (SC) dealing with MV Act 1988, insurance company raised the argument that claimants are not entitled to raise any claim for compensation because the accident in question had occurred solely and exclusively on account of the negligence of the deceased Shijo. Insurance company's employees did not settled the case within 30 days of filing of the case.

In this case victim Shijo was riding the vehicle ; there was no other vehicle involved and driver(Victim) died. Vehicle was insured with NICL. It was held that insurance company is liability to pay compensation amount ; insurance company was slapped with costs ; insurance company was held also liable to pay interest amount from the date of filing of claim petition. Appeal of insurance company was dismissed and no exoneration/recovery rights was granted to the insurance company. It was held that the copies of the first information report, post mortem certificate, scene mahazor, report of inspection of vehicle, inquest report and final report cannot constitute proof of “negligence” at the hands of Shijo.