Petition filed by Driver-Cum-Owner of vehicle which was the cause of the accident and wherein no other vehicle was involved is not maintainable

Last updated: 15 July 2022

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Quick Summary

The Supreme Court has ruled that a claim petition filed by the dependants of a deceased owner-driver, where the accident was caused solely by the driver's negligence and no other vehicle was involved, is not maintainable. This means that if the owner of the vehicle was driving and caused the accident themselves, neither they nor their legal heirs can claim compensation from the insurer under Section 166 of the Motor Vehicles Act.

Court :
Tripura High Court

Brief :
The Apex Court through this judgement cleared that a owner-driver cannot claim compensation under provisions of Sections 166 & 166A of the Motor Vehicles Act,1988 for his own fault where no other vehicle involved. A owner-driver cannot be himself claimant and defendant at the same time.

Citation :
NATIONAL INSURANCE COMPANY LIMITED V. ASHALATA BHOWMIK

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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