Insurance if victim of road accident compounds or compromises case with accused

Tilak Marg Forum for Legal Questions Forums Criminal Law Insurance if victim of road accident compounds or compromises case with accused

Tagged: 

Viewing 1 reply thread
  • Author
    Posts
    • #1827
      Anonymous
      Guest

      I am a victim of a road accident case. Offence under Section 279, 338 IPC was registered against the car owner who was driving it. He is requesting me to withdraw the case and compromise it. My question is if I compound the case, will the insurance company pay me the compensation for this accident then? Or my insurance claim will be lost by compounding the offence? Please guide.

    • #1921

      You have not given the full facts. Whether the insurance that you are talking about is of your vehicle or of the vehicle of the opponent or you are talking about your personal insurance?

      In any case, it will depend on the actual terms and conditions of the insurance policy as to in what conditions insurance amount can be given and whether or not it can be given when the offence is compounded. Please note that such things are not laid down in any law in the form of any hard and fast rules. It all depends on the actual terms and conditions of each insurance policy and it is a subject matter of negotiation between the parties, i.e., between the insured and the insurer. So, please refer to the terms and conditions of your insurance policy.

      Moreover, once you said that you are compromising the offence, it would generally imply that you are getting some compensation from the accused person in the road accident. So, you may also take into consideration the amount of compensation that is being paid by the accused and the compensation that you may get from the insurance company, if any.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

LIC benefit for income tax and pension to dependent parents
Does Insurance Company continue to be liable if motor vehicle is transferred to another person?
Theft of a two wheeler - insurance claim if theft due to negligence
Regarding theft vehicle claim