Last Updated: February 02, 2023, 18:21 IST
National Insurance Company argued that it was not liable to pay the compensation as the car driver was in a drunken state. (File photo: PTI)
The High Court said it is immaterial for the victim to be aware whether the driver was in an intoxicated state or not
The Kerala High Court has ruled that the insurance company is liable to pay compensation to the third party, the victim of an accident, even if the driver was drunk. The court stated that the company has the privilege to recover this amount from both the owner and the driver.
The High Court said it is immaterial for the victim to be aware whether the driver was in an intoxicated state or not. Even though the insurance policy certificate states that driving under the influence of alcohol is a violation of the conditions of the policy, it does not absolve the company from the payment of compensation to the accident victims, it added.
Justice Sophy Thomas gave the verdict while allowing the petition filed by Mohammed Rashid, a native of Malappuram who had suffered serious injuries as a car rammed the autorickshaw in which he was travelling on December 13, 2013. He filed the petition, complaining that the compensation, Rs 2.4 lakh, awarded by the Manjeri tribunal was very less.
National Insurance Company argued that it was not liable to pay the compensation as the car driver was in a drunken state. The High Court said that the company is liable to give third-party insurance to accident victims as long as the policy is valid while adding that this amount can later be recovered from the insured.
The court pointed out previous judgments of the Supreme Court and Andhra Pradesh High Court.
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