Death in motor accidents: Kerala HC lays down twin conditions for compensation

KOCHI: The high court has laid down twin conditions to claim compensation for death in motor accident cases involving driver's negligence.
While seeking compensation for death, under Section 166 of Motor Vehicles Act (MV Act), the claimant must not only prove negligence on the part of the driver or rider but should also prove that the death was due to injuries sustained in the accident, Justice A Badharudeen said in a judgment.
It is the burden of the petitioners seeking compensation to adduce evidence to satisfy the allegations raised by them as grant of compensation is based on the principle of 'fault liability', the court said in the judgment rendered on June 10.
The judgment stated, "The prime question that arises for consideration is what are the conditions to be established to claim compensation in a petition filed under Section 166 of the MV Act when the petitioners allege negligence on the part of the driver/rider of the vehicle and death as its consequence? The answer to the above question is that twin conditions must be satisfied in this regard. The first one is proof of negligence on the part of the rider or driver of the vehicle alleged to be involved in the accident and the second one is proof of death of person in consequence of accidental injuries."