I am Vipin Jain, surveyor. I went through a case in which two motorcyclist collided with each other. Both motorcyclist (drivers) having two pillion rider each & both motorcyclist died on spot.Please clear whether OD & third party claim is payable or not on the basis of seating capacity (3 instead of 2).
2 comments:
YES CLAIM IS PAYABLE ON OD AND TP
VIOLATION OF MV ACT WITH PENALTY FOR THREE MEMBER OD IS PAYABLE (WITH NONSTANDARD CLAIM)
THE TP CLAIM IS VERY MUCH LIABLE ON INSURERS SIDE
The OD claim is vulnerable to be rejected by insurance company on the grounds that owner have violated the seating capacity as in RC. But each M/Cyclist can claim TP on the other M?Cyclist and since both M/Cylist had been riding three, it amounts to equal contributory negligence. It shall be the court to decide on the issue.
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