Re: Whose Blame, if it not your fault. Quote:
Originally Posted by alpha_romeo I have a question, told to me by insurance person, "police cases are not relavent in insurance cases, insurance cases need more proofs, evidences etc" is that correct? If yes, then why do we have police cases? Why insurance companies do not fight police cases also? this will make their job easy. |
Why do you feel concerned when a pavement dweller is found with a cracked skull and a huge stone besides him?
Why do you feel concerned when somebody's purse / necklace / valuables are snatched while he is walking around in your neighbourhood?
Why do you feel concerned when a corporation fails to file its annual returns / profit & loss returns? (This is an offence under the Companies Act).
Criminal cases address that concern. The concern you feel when somebody else is harmed. Criminal law divorces loss / damage caused to injured person and your act. It however, makes a connection between your act and intentions.
The same act is also a wrong to the person who is injured; and the civil law divorces your intentions and your act; and connects your act and damage / loss / injury.
Sorry, it is too complicated matter; and you need to go into "philosophy of law" aka "jurisprudence", a subject every student (and teacher) of law hates. Quote:
Originally Posted by honeybee There's also a clause in the MVA about an amount to be paid on permanent disablement or death (between 20K to 50K) without admitting fault. I am not sure if this amount has to be paid by the driver/owner or the government. It goes to the victim in a road accident. Paying this amount does not mean you are admitting guilt. It's like a mandatory minimum compensation. Better to check with a legal adviser on this. |
You are spot on. The clause is called "no fault liability". Assume you are not covered by social security; and deep in debt. Jumping in front of any automobile is a sure fire way to empower your survivors to repay your debts.
Once, at an viva voce, I asked this question to a Professor of law, whose Ph.D thesis was in the law relating to Motor Accident claims. The question was:- Quote:
Do you think that with introduction of no fault liability clause in the Indian MVA, the emphasis of Motor Insurance in India has shifted from indemnity to social security?
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Answer was dead silence.
So, I asked:- Quote:
Do you know what indemnity is?
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Dead silence.
If that is the sorry plight of a Ph. D holder and head of department of law, you do not need to guess the level of knowledge of her students, at least a few of whom who will invariably end up as police officers, lawyers and of course, judges.
For those who do not get it - insurance is an indemnification against loss suffered by the insured. In motor insurance the insured is the owner; and (s)he is indemnified against "loss" occuring from an adverse finding in the claims proceedings. In claims proceedings, the claimant had to prove negligence by the insured / vehicle owner / driver. With introduction of this "no fault" liability; the emphasis is very different - even people who commit suicide by jumping in front of a vehicle are entitled to claim from the insurance. |