The Karnataka High Court has said that if the driver dies due to falling of a tree while driving, then it will also count in the accident caused by the use of a motor vehicle. In this case, the insurance company will have to pay compensation. Justice HP Sandesh delivered this judgment in response to an appeal by United India Insurance Company.
A lower court had ordered the insurance company to pay a fine of Rs 3.62 lakh to the family of the victim for a motor vehicle accident. The insurance company had filed an appeal in the High Court challenging this decision.
What's the matter?
44-year-old Shamrao Patil died in an accident on the Salpewadi-Gargoti road in Maharashtra's Kolhapur district. He was riding a bike when a branch of a eucalyptus tree fell on him and he died.
The accident happened on July 2, 2006 and the lower court gave its verdict in February 2011. The insurance company had filed an appeal in the High Court in late 2011 and the judgment came recently. Challenging the compensation decision, the insurance company had told the High Court that the cause of the accident was a branch of eucalyptus and not the use of a motor vehicle, but this argument was not accepted by the High Court.
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