The Madurai bench of the Madras high court has upheld a judgment passed by the Motor Accidents Claim Tribunal, Dindigul, on September 29, 2009, and directed the New India Assurance Company Ltd. to give Rs 6.6 lakh as compensation to the family of an accident victim.
Thirty-two-year-old M Periyasamy was a tailor in Dindigul district and was the sole breadwinner of his family, which comprised five members including two minors, his son, and his daughter.
He was killed after being run over by a truck driven by P Subramani on June 6, 2008. Alleging loss of dependency and love and affection, his dependants including his wife Vijayalakshmi, son Jeevan, daughter Gowsalya, claimed compensation by filing a claim petition before the Motor Accidents Claim Tribunal, Dindigul. The tribunal granted the family Rs 6.6 lakh compensation. Since the driver had only an LMV licence, the tribunal directed the insurance company to pay the compensation amount first to the claimants and recover it from the driver. Aggrieved by this, the insurance company filed an appeal before the bench. When the matter was heard by Justice P Devadass, the insurance company’s counsel K Murugesan told the court that on the date of accident, the driver possessed only LMV licence and he was not authorized to drive a heavy vehicle. In the circumstances, the tribunal ought not to have directed the company to pay compensation. But the claimants’ counsel, S Anand Chandrasekaran, in his arguments told the court that the deceased was not aware that the driver was not qualified to drive the lorry.
On the date of accident, the insurance policy was in force. The dependants are third parties. Hence, the tribunal rightly issued a direction for payment and recovery, the claimants’ counsel said.
After hearing both sides, the judge, in his order, pointed out that the tribunal chose an appropriate multiplier and determined the loss of dependency. It had granted small amounts under other usual heads. On the whole, the amount awarded by the tribunal was neither high nor low but just, fair and reasonable.
There is no justification in punishing the innocent accident victims. It is a matter between the insurance company and the driver who is guilty of violation of policy conditions. In such circumstances, the amount awarded by the tribunal is confirmed, the judge said. Accordingly, the insurance company was directed to deposit the money. As far as minor children are concerned, the court ordered the insurance company to deposit their share in a nationalized bank with responsibility up to 18 years of age.
http://timesofindia.indiatimes.com/city/madurai/Compensate-accident-victims-kin-HC-tells-insurance-firm/articleshow/17789601.cms
