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Old 17th February 2012, 13:23   #16
F50
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Default Re: Are Insurance claims from the passenger covered in 3rd party policies?

Very sad incident to happen Sudhindra.

As your posts the car was not covered at all. If its covered for third party at least, apart from claiming the unnamed passenger PA, the family of the person who died in the accident can also case against you separately. They amount they get might not be a big one but additional 2-4 lacs won't hurt them.

My suggestion might hurt as there will be a case against you but this is the only way you can remunerate to deceased' family in addition to PA.
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Old 17th February 2012, 13:45   #17
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Default Re: Are Insurance claims from the passenger covered in 3rd party policies?

Thanks F50: - Well i am realizing the consequences and actions i may face for this accident as a driver of this ill fated car. And it all depends on the deceased family and i understand that they have every right to claim for the damages. Therefore i am getting myself ready to face the consequences parallely irrespective of being dragged to court or not as i have aged parents that i need to take care of.
Will be consulting a lawyer shortly today.
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Old 27th February 2012, 09:11   #18
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Default Re: Are Insurance claims from the passenger covered in 3rd party policies?

Update is i went to station and re-submitted my statements and a copy of my driving license. Police asked for the condition of my friend and have requested him to visit them in a week or two depending on his health. They will file a chargesheet and release on surety. we spoke to the deceased persons family members and informed our willingness to help in any possible manner as we have understood the loss.
Some pics of the damaged conty..
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Old 26th May 2014, 09:08   #19
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Section 145(g) "third party" includes the
Government. National Insurance Co. Ltd.
v. Fakir Chand [1], "third party" should
include everyone (other than the
contracting parties to the insurance
policy), be it a person traveling in another
vehicle, one walking on the road or a
passenger in the vehicle itself which is
the subject matter of insurance policy.


Something to share, found this reference on a legal site
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Old 26th May 2014, 11:59   #20
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Default Re: Are Insurance claims from the passenger covered in 3rd party policies?

Quote:
Originally Posted by drsingh View Post
Section 145(g) "third party" includes the
Government. National Insurance Co. Ltd.
v. Fakir Chand [1], "third party" should
include everyone (other than the
contracting parties to the insurance
policy), be it a person traveling in another
vehicle, one walking on the road or a
passenger in the vehicle itself which is
the subject matter of insurance policy.


Something to share, found this reference on a legal site
+1 to it. Third party is every one else excluding first party, who is the insured person or the person who buys the policy and the second party is the insurance company who agrees to compensate. Third party is one who has no direct role/ stake in the above transaction, but may be affected indirectly by the transaction. Thus, people in the same family can demand compensation from the first & second party. Demand from first party, obviously is paid by the second party or the insurance company.
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