UK and India – Rise in Accident Claims

It has been almost a whole year since Sunita Bansal, a mother of three underage daughters in India, was awarded a compensation of Rs 18 lakh as the result of an accident claim following the death of her husband in a motor accident. The money has not yet reached her.

The compensation is meant to be paid by the United Insurance Company, Sector 17, Chandigarh which had insured the vehicle of Sunita’s husband, Pankaj. Instead of giving the compensation, the company moved the Punjab and Haryana High Court to challenge the award. The High Court, however, dismissed the appeal. Even after this when the company did not pay the money, the UT District Court attached its property.

On October 6, 2005, Pankaj, a resident of Sector 38, was on his way from Jalandhar to Chandigarh in his car. The car was being driven by Sukhwinder Singh. When Pankaj neared Milan Palace in Maulpur area, a matador hit the car. The accident occurred around 8.30 in the evening. The headlights of the matador were not functioning. Pankaj received multiple injuries and died on the spot.

Pankaj was 31 then. He ran a small business of surgical equipment and heart and kidney instruments under the brand name Delsu Devices.

The insurance company denied any liability saying that at the time of the accident, the matador driver, Balkar Singh, was not holding a valid licence. A case demanding a compensation was filed on November 7, 2005.

In 2007, the court awarded a compensation of Rs 18 lakh. The money has not yet been received by Pankaj’s family.

Widowed wife Sunita, meanwhile, has to take care of her three underage daughters and mother-in-law. “Pankaj was the sole bread winner for the family since his father had expired a few years ago,” she explained, adding: “life has become miserable for us after his death. While relatives turned a blind eye towards us leaving no opportunity to grab his property, there was nobody to look after my three daughters and mother-in-law. I had no knowledge of the business. I still don’t know everything about it. I never knew how to operate a bank account but I am learning.”

Pankaj and Sunita’s family are not the only ones. The need for more stringent laws to ensure the families of accident victims are properly compensated by insurance companies unwilling to pay up is becoming more and more urgent as insurance use increases and spreads in developing countries such as India.

In the UK, motorcycle ownership is on the up, but finding adequate insurance can be problematic because of high accident rates.

Insurers and police are becoming concerned as more inexperienced riders reach for helmets and leathers. According to the Association of British Insurers, companies paid out £22m to meet claims from motorcyclists last year, compared with £19m in 2006.

The AA's Ian Crowder adds: "Our claims experience clearly shows that there are increasing numbers of middle-aged men trying to regain their youth by buying big powerful bikes, which they are unused to riding and unable to handle."

According to the UK's biggest motorcycle insurance specialist, Bennetts, per journey, it is more dangerous to ride a bike than drive a car. "All bikers know that. But they also know that wonderful sense of freedom which you get on a bike," says Mark Fells, a director.

Crowder went on to add: "There is serious concern about mature people taking up biking again, particularly sports bikes, or indeed anyone riding after an absence of several years. Insurers are looking for current riding experience to reassure them that a rider is road-worthy."