Government is liable to compensate for death or injury occurring to a vehicle owner during an accident as road tax is levied by them and as coverage is not available to the owner in the insurance provided as per law, says the Kerala High Court. Government can either pay such compensation or assign the burden to insurance companies through appropriate change in legislation, the court said. A division bench comprising justices CT Ravikumar and KP Jyothindranath asked the government to give due attention to the matter after considering an appeal (MACA No. 2102/2013) filed by the wife, children, and mother of Biju of Kottaram Nagar in Kollam who died in a motorcycle accident at around 5.30pm on March 21, 2010.
Biju was riding pillion on the motorcycle owned by him and one Gireesh Kumar was riding the bike when it capsized. Biju had obtained a full insurance from National Insurance Co. Ltd but the company declined to grant compensation stating they are liable to pay only a third party and not the owner. A motor accident claims tribunal had accepted the insurance company's contention and the high court upheld it. The court also held that the rider cannot be asked to compensate.
Stating that the government is liable to compensate in cases like Biju's, the court said in the judgment, "Use and allied aspects of a motor vehicle are covered by the Motor Vehicles Act. As per the provision, personal injury coverage is not compulsory. Roads to ply the vehicles are provided and maintained by the Government. Under such a circumstance, there will be a welfare state liability for the Government, which will partially eclipse the maxim volunti non fit injuria (knowingly placing oneself in a position where harm might occur) and fault liability theory (where negligence has to be proved). Liability of the Government can be made limited. But the Government cannot elude from its limited liability in a case of accident occurring in a public road, where road tax is levied by the Government."
Further, the court said the government can either shoulder the liability itself or can fasten it upon insurance companies by modifying the legislation.
Biju was riding pillion on the motorcycle owned by him and one Gireesh Kumar was riding the bike when it capsized. Biju had obtained a full insurance from National Insurance Co. Ltd but the company declined to grant compensation stating they are liable to pay only a third party and not the owner. A motor accident claims tribunal had accepted the insurance company's contention and the high court upheld it. The court also held that the rider cannot be asked to compensate.
Stating that the government is liable to compensate in cases like Biju's, the court said in the judgment, "Use and allied aspects of a motor vehicle are covered by the Motor Vehicles Act. As per the provision, personal injury coverage is not compulsory. Roads to ply the vehicles are provided and maintained by the Government. Under such a circumstance, there will be a welfare state liability for the Government, which will partially eclipse the maxim volunti non fit injuria (knowingly placing oneself in a position where harm might occur) and fault liability theory (where negligence has to be proved). Liability of the Government can be made limited. But the Government cannot elude from its limited liability in a case of accident occurring in a public road, where road tax is levied by the Government."
Further, the court said the government can either shoulder the liability itself or can fasten it upon insurance companies by modifying the legislation.
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