In a significant ruling, the Madras High Court has clarified that insurance companies remain liable to pay compensation to the family of a deceased victim, even if the driver responsible for the accident was under the influence of alcohol. This decision brings relief to victims’ families who otherwise might have been denied compensation due to technicalities in insurance policies.
The case was heard by Justice M. Dhandapani, who referred to a similar verdict from the Kerala High Court in Muhammed Rashid @ Rashid vs. Girivasan E.K. The Kerala court had previously ruled that despite a clause in the insurance policy prohibiting driving under the influence, insurers are obligated to compensate victims, with the right to recover the amount from the insured later. Aligning with this precedent, the Madras High Court directed the insurance company to first deposit the compensation amount and then seek recovery from the vehicle owner if necessary.
The case involved a tragic incident from December 30, 2017, where Rajasekaran, a 37-year-old man, was fatally struck by a van while walking on Thiruneermalai Main Road, Chennai. Rajasekaran’s family had sought compensation of ₹65 lakh but was awarded only ₹27,65,300 by the Motor Accident Claims Tribunal (MACT), which also exempted the insurance company, citing the driver’s intoxication.
Disagreeing with the MACT’s verdict, the family appealed, arguing that the tribunal’s decision was flawed and the compensation inadequate. They also pointed out that the deceased was earning ₹700 per day, but the tribunal had fixed his income at a much lower figure of ₹13,700 per month. The High Court found merit in these arguments, increased the monthly income estimate to ₹15,000, and enhanced the total compensation to ₹30,25,000, along with 7.5% annual interest.
Justice Dhandapani firmly held that victims’ families should not suffer due to policy violations by drivers, emphasizing the insurance company’s responsibility to compensate claimants promptly. The court ordered the insurance company to deposit the enhanced compensation within six weeks and granted them the liberty to recover the amount from the responsible party following legal procedures.
This verdict reinforces the protection available to accident victims under Indian law, ensuring financial support to affected families regardless of the driver’s conduct.
