Chennai: Insurer asked to compensate kin for death of worker in mishap
Chennai: The Motor Accidents Claims Tribunal, Chennai directed a private insurance firm to pay a compensation of Rs 24.65 lakh to family members of a 39-year old helper in Chennai Municipal Solid Waste Pvt Ltd for his death in a road accident. The mishap took place when he was travelling in the vehicle belonging to M/s.Ramky Enviro Engineers Ltd., six years ago.
In the petition, Nagajothi submitted that her husband P. Gurusamy was working as a helper in Chennai Municipal Solid Waste Pvt Ltd and earning a salary of Rs 7,000 per month. He was also doing part time work by selling appalams and was making Rs 10,000 per month.
On February 1, 2013 at about 3.15 am, Gurusamy was travelling in a lorry (Registration No. TN 21 AL 0376). The driver drove the vehicle in a rash and negligent manner without following any traffic rules and regulations and hit the rear side of another lorry (registration no. TN 04 E 3157). The vehicle tilted and as a result Gurusamy dashed against centre median and in the impact he sustained multiple head injuries and died on the spot. A case was registered against lorry driver.
Nagajothi said Gurusamy was the bread winner in the family and the accident took place due to the negligent driving. She said M/s.Ramky Enviro Engineers Ltd., owner of the lorry, and Reliance General Insurance Company Ltd., insurer of the vehicle, are vicariously and statutorily liable to pay compensation to his family members.
M/s.Ramky Enviro Engineers Ltd., remained exparte in the case. In its reply, Reliance General Insurance Company Ltd., stated that the accident took place due to the fault of the driver of the other lorry (registration no TN 04 E 3157) and he was solely responsible for the accident.
Hence the petition was liable to be dismissed and it cannot be maintained against the insurance firm.
Judge, Small Causes Court-III, S. Umamaheswari said considering oral and documentary evidences, the Tribunal holds that the accident took place due to the negligence of driver of the lorry owned by M/s.Ramky Enviro Engineers Ltd. The judge directed Reliance General Insurance Company Ltd., to pay Rs.24,65,000 to the petitioner and her family members, with interest of 7.5% per annum.
