Chennai: The motor accidents claim tribunal has directed an insurance company to pay Rs4.35 lakh to a 25-year-old painter, who was injured in a road accident.The petitioner, K. Sunil, 25, of Little Mount, Chennai, said that he was hit by a motorcycle while walking along Velachery main road near Concorde Motors on February 20, 2012. He sustained multiple injuries and fracture on his left leg.
Holding the rider A. Sangilimuthu, a resident of T. Nagar, responsible for the accident, Sunil sought a compensation of '6 lakh from M. Mahendra Raja of T. Nagar, owner of vehicle and New India Assurance Co Ltd, insurer of the vehicle.In its reply, insurance company said the rider Sangilimuthu did not have his driving licence. The Guindy police had filed chargesheet against Sangilimuthu for committing offence under section 279, 338 of IPC and 3 read with 181 of Motor Vehicle Act. Hence, the owner of the vehicle violated provisions of insurance policy since he knowingly allowed an unauthorised person to ride the vehicle.
New India Assurance said there was no negligence on the part of rider as the petitioner crossed the road in the midst of vehicular traffic. The petitioner was equally responsible for the accident.
Special sub-judge, J. Chandran said the rider could have averted the accident had he ridden the bike more cautiously. “The Tribunal holds that accident occurred only due to rash and negligent driving of rider.
