Chennai: While enhancing compensation awarded to family members of an accident victim from Rs 66 lakh to Rs 93 lakh, the Madras High court also imposed a cost of Rs 1 lakh on ICICI Lombard General Insurance Company Limited for ignoring notice from the court and not appearing before the court.
In the petition, Bhagavath Kumari submitted that her husband A. Ashokan was working as maintenance manager in Saveetha Engineering College, Thandalam and earning Rs 60,000 per month. He was killed in an accident on September 11, 2015. As Ashokan was crossing a road at Mugaliwakkam when a motorcycle, ridden in a rash and negligent manner, hit him.
Based on the petition of Bhagavath Kumari and family members, Motor Accident Claim Tribunal directed ICICI Lombard General Insurance Company Limited to pay a compensation of Rs 66.51 lakh to them. The family members filed an appeal challenging the order of the Tribunal.
The Insurance Company had been served with notice, however, no one from the company appeared.
When the matter came up for hearing the division bench comprising Justice N. Kirubakaran and Justice Abdul Quddhose said though Tribunal had abundant evidence before it to show that the deceased was earning about Rs 60,000 and unilaterally, without any discussion, it reduced the monthly salary of the deceased to Rs 45,000.
This is not sustainable in law. Hence, this Court re-determines the monthly income of the deceased at Rs 60,000.
Partly allowing the appeal, the bench increased the compensation from Rs 66,51,250 to Rs 93,06,000 with interest @ 7.5% per annum.
The bench has also imposed a cost of Rs 1 lakh on ICICI Lombard General Insurance Company Limited for ignoring the notice from the court and not appearing before the court. The amount shall be paid to "Samarpana, Home For Spastics And Mentally Retarded', Vinayagapuram, Kolathur within four weeks.
