The Hindu·3 min read·medium

Insurer liable to pay compensation even if driver crashes while trying to save stray dog: Delhi HC

S
Soibam Rocky Singh
Insurer liable to pay compensation even if driver crashes while trying to save stray dog: Delhi HC
✦AI Summary

The Delhi High Court ruled that drivers cannot use the presence of a stray animal as a valid excuse to avoid liability in road accidents. The court emphasized that motorists must exercise reasonable care and anticipate potential hazards.

Why it matters

This sets a legal precedent in India regarding motor vehicle insurance claims and driver accountability, discouraging the use of 'sudden danger' defenses.

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Insurer liable to pay compensation even if driver crashes while trying to save stray dog: Delhi HC NEW DELHI The Delhi High Court has held that a driver cannot escape liability for a road accident merely by claiming that the vehicle went out of control while trying to avoid a stray animal, observing that motorists are expected to anticipate hazards and exercise reasonable care. Justice Anish Dayal made the observations while dismissing an appeal filed by ICICI Lombard General Insurance Company challenging a Motor Accident Claims Tribunal (MACT) award of ₹1.70 crore to Satish Chandra Gupta, who suffered grievous injuries in a 2014 road accident and died in 2020. The court rejected the insurer’s argument that the driver was confronted with a sudden danger when a dog came in front of the car, forcing him to swerve and crash into a road divider.

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