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Is driver liable to pay compensation in case no insurance policy?
04-Mar-2023 (In Motor Accident Law)
Is the driver of the offending vehicle liable to pay compensation in motor claim case where there is no insurance policy of the offending vehicle?
Under the MACT Act, ideally in case the vehicle is insured, the liability though rests upon the insurance company (in case there is no violation of the terms and conditions of the insurance policy), the owner and the driver of the vehicle jointly and severly, the insurance company is liable to indemnify the owner / insured of the vehicle.
In case there is no (valid) insurance of the offending vehicle, the owner and the driver are jointly and severly liable to pay the compensation to the victim and / or Legal Representatives of the victim, however, the victim's Legal Representatives can recover the amount from any of the two from whom it is recoverable.
It may be also noted that the owner of the offending vehicle being the principle, the first and the foremost liability stands from the owner of the offending vehicle to pay the compensation.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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