Chennai: The Motor Accidents Claims Tribunal, Chennai has directed a public sector insurance firm to pay a compensation of Rs 20.19 lakh for death of a 30-year old staffer of a private company in a road accident, to his family members.
The mishap occurred when he rammed against a mini-van, which was parked on a fly-over on a national highway three years ago.
In the petition, D. Girija, Kamarajar Street, Thiruvanmiyur, submitted that her husband Devendran, 30, was working as document specialist in a leading marketing and communications services, Chennai, and earning a salary of Rs 17,015 per month. On October 31, 2014, at about 1.40 pm Devendran was proceeding to Tindivanam from Chengalpet on a two-wheeler on GST road. A Tata Ace mini-van driver parked the van on Madurantagam-Kiliyar over bridge in a negligent and dangerous manner.
The van driver had failed to place red triangle apparatus warning breakdown of the vehicle 15 meters behind/away from the vehicle. He parked vehicle in a no-parking area. Due to the negligent act of the driver the motorcycle dashed against the backside of the van and caused the fatal injuries. He died on the spot. The Maduranthagam Police Station, Kancheepuram district registered a case under sections 279, 337 and 304 (A) of I.P.C. against the driver.
M. Srinivasan of Madurantagam, owner of the van, remained absent during trial.
In its reply, the New India Assurance Co. Ltd., Chennai, insurer of the van, submitted that accident had not taken place and much less any grievous injury sustained by rider. The incident took place during daytime and there was clear light. Devendran rode the bike in a rash and negligent manner and dashed against the van. Tribunal should consider provisions of contributory negligence since Devendran had contributed the accident. The insurance firm sought dismissal of the complaint.
On completion of trial, judge, small cause court- II, Chennai, S. Priya said that it is found that that there was no triangle symbol placed behind the parked vehicle, hence no contributory negligence would arise. This tribunal has come to the conclusion that the accident is solely due to negligence of the driver. Hence, owner and insurer are liable to pay compensation to the petitioners.
The claimants Girija, Videsh, his minor son and Devi, his mother, are entitled for a compensation of Rs 20.19 lakh with interest at 9 per cent per annum from April 30, 2015. Of the total compensation, the judge directed the company pay Rs 10.19 lakh to D. Girija, Rs 7 lakh to Videsh and Rs 3 lakh to Devi with accrued interest.
