Kathmandu. Nepal Insurance Authority (NICA) has set a precedent that the liability of the insurer will be created even in the case of a dead child in case of a pregnant woman’s miscarriage in a road accident.
In a case filed three years ago, the AUTHORITY has ordered the insurer to pay compensation not only to the third party who is directly injured or killed in an accident, but also to the third party if the third party becomes pregnant and is pregnant due to the accident.
According to the details of the incident, a truck (Na.3.Kha 5964) belonging to Narayani Transport Entrepreneurs’ Association had entered Mirchaiya Ward No. 1of Siraha on August 1, 2018. Pramila Devi Mahara, a pregnant woman in the ambulance, was miscarried when she was hit by an ambulance (S.1.Cha 800) on the road at Ward No. 6.
The District Administration Office, Siraha, through the Narayani Transport Entrepreneurs Association on behalf of the vehicle owners, provided rs 500,000 as compensation to the deceased child as per the rules and issued a recommendation letter in the name of the association to take the compensation amount from the insurer.
Insurer Nepal Insurance has refused to compensate the association, saying that the insurer will not be responsible for the death of the unborn child. The association lodged a complaint with the Insurance Committee on February 1, 2019 to pay the compensation.
Insurance company’s claim
Section 2(c) of the Civil Code, 2074 defines ‘person as a natural person and the word also refers to a legal person’, and section 30 of the same Act states that ‘every person shall be recognized as a person at birth and enjoy the rights as per the law till he is alive’. ’
Similarly, ram Bahadur Thing, the owner of the vehicle, signed a discharge voucher of Rs 559,000 from the insurance company on June 26, 2019 and exempted the insurance company from all liabilities by accepting the claim amount.
Committee’s decision
The insurance committee issued an order in favour of the insured on August 1, 2018, in the presence of the evidence presented by the insurer Nepal Insurance. According to the order of the committee, “If it is confirmed that the child in the womb of the third party woman has died due to the accident of the insured truck and the legal liability of the insured in this regard has also arisen, then in accordance with Section 8 (D1) of the Insurance Act, 2049 and Sub-rule 2 of Rule 33 of the Insurance Rules, 2049, the insured is liable to pay the insurance amount for the third party of the third party death of 1 (one). ’
According to the committee, the insured truck no. 3.b 5964 and the child in the womb of Pramila Devi Mahara, who was nine months pregnant in the ambulance in connection with the ambulance accident, was also killed and on the basis of that, the driver of the insured truck was claimed to be punished according to the Motor Vehicles and Transport Management Act, 2049.
Committee decisions
The District Administration Office, Siraha has directed the insurer to provide the compensation amount to narayani transport entrepreneurs association hetauda as per rules.
The autopsy report of Koshi Zonal Hospital, Biratnagar, has stated that the child was born dead due to a road accident.
According to section 163 of the Motor Vehicles and Transport Management Act, 2049, the owner of the vehicle has to pay compensation in case of injuries and death of passengers and third parties.
Section 152(1) of the Act states that “if any third party or any of his property is damaged in any way by a motor accident, the owner or manager of the vehicle shall insure the specified amount for the purpose of compensating for that loss”.
“In the case of third party claims, there is no scope for exemption from such legal liability against the owner÷insurer of the vehicle and the purpose of motor insurance is to compensate the liability to be borne by the insured,” the committee said. ’
