Cyrus Mistry's tragic death in a road accident has rekindled the debate on road safety with Union Minister Nitin Gadkari now pushing for stricter enforcement of rules pertaining to wearing a seat belt for rear-seat passengers. Not wearing a seat belt while seated in the second or a third row of a car is a fairly common sight in India. In fact, most people are not even aware that strapping seat belts in the rear seat is mandatory since October 2002.
According to Rule 138 (3) of the Central Motor Vehicle Rules (CMVR), passengers sitting in the rear and not wearing seat belts can be fined Rs 1,000. This non-compliance of seat belt laws not only puts lives at risk, but may also impact insurance in case of an accident.
According to Rakesh Goyal — Director of Probus Insurance Broker, no insurance company can reject the claims on the basis that the person was not wearing a seat belt. However, if the claims go to the courts or to the tribunals the final amount can be slightly lower.
The court while taking a decision may look into the Central Motor Vehicle Rules, which mandate wearing seat belts in all scenarios.
Adding further, Sanjiv Bajaj, Jt. Chairman & MD, Bajaj Capital Ltd said that in the case of third-party (TP) insurance if the policyholder is not wearing a seatbelt, the insurer of the liable party can use the fact to minimise the damage he/she is entitled to, for injuries.
Third-party insurance is a mandatory cover for car owners and provides coverage for damage to a third party's vehicle, property, physical injury, disability or death.
While accidents are unfortunate, it's vital to understand that accidents can happen anywhere to anybody, even when driving at lower speeds, in safer areas. Hence, it is crucial to follow all traffic rules and have an insurance policy in place.
A personal accident insurance policy provides coverage against both disabilities as well as accidental death. It simultaneously provides financial help to the dependent family members and unburdens them at a crucial time.
"First, total and permanent disability, in which the policyholder suffers significant, irreversible damage and cannot earn or live regularly. Second, partial and permanent disability, in which the policyholder suffers partial but irreversible damage that reduces their capacity to live a regular life to a great extent. Lastly, total and temporary disability, where the policyholder suffers physical damage that prevents them from living a normal life temporarily,” said Venkatesh Naidu, CEO at Bajaj Capital Insurance Broking Ltd.
Meanwhile,
Union minister Nitin Gadkari said that passengers seated in the back seat of a car and not wearing a seatbelt will be fined soon. He said that government would release an official notification in the next three days, detailing the penalty that will be levied on the rear seat passengers for not wearing a seat belt.
