High Court: Insurance company to pay even if accident not in India Punjab and Haryana high court has ruled that if a vehicle registered and insured in India meets with an accident in another country, the insurance company would be liable to pay the claim.
In 1995, 54 pilgrims from Kurukshetra lost their lives in an accident in Nepal when their bus fell into Trishuli Nadi. Quote:
Justice Sehrawat had observed that one can come across a thought that the Motor Vehicles Act extends only to ‘whole of India’ as per its Section 1, so it does not cover the area outside India.
“However, this rationale also does not exempt the insurance company from liability arising from the usage of the vehicle outside the geographical area of the Union of India. This section also implies that the Act would be applicable to all the citizens and subjects of India...,” court has held.
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Earlier, the Motor Accident Claim Tribunal directed the owners to pay compensation of Rs 4.34 lakh to the relatives of one of the victims. The tribunal had absolved the insurance company on the grounds that the accident occurred in Nepal so the insurance company was not liable. The owners then appealed in the HC.
Any thoughts on this? Does this mean that cross border travelers need not take additional insurance? What is the practice in other countries? e.g. those in Europe where a lot people frequently cross countries for work, etc.
Source - ET Auto
Last edited by Rehaan : 5th December 2017 at 14:55.
Reason: Adding missed word.
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