Chennai: The Motor Accident Claim Tribunal directed insurance firms to pay a compensation of Rs 26.50 lakh to the parents of a 23-year old woman who died in a road accident seven years ago. The accident took place when she was travelling as a pillion rider on a two-wheeler which rammed against a lorry parked in the middle of the highway.
In their petition S. Padma and A.Sanjeevi submitted that that their daughter S.Srimathy, 23, had completed engineering and was working as sales engineer in a private concern at Irungattukottai. She was earning a salary of Rs 50,000 per month. On November 16, 2011 at about 8.30 pm, she was travelling as a pillion rider on a motor cycle from Retteri to Manali New Town.
M.J.Muthu Subramani rode the bike in a rash and negligent manner and it hit the rear of a lorry parked on the highway in the middle of the road. Srimathy was thrown off the motor cycle and sustained fatal injuries. She died on the spot.
They said that R.Mohan, owner of the lorry, ICICI Lombard General Insurance Company Ltd., insurer of the vehicle, M. Y. Jayashankar, owner of the two-wheeler and father of Muthu Subramani, National Insurance Company Co., Ltd., insurer of the bike were liable to pay them a compensation of Rs 50 lakh for Srimathy’s death.
In their reply, ICICI Lombard General Insurance Company Ltd. submitted that the accident took place due to the negligence of the bike rider. The lorry was parked on the border of the road after its wheel got stuck in mud.
On completion of trial, chief judge, court of small causes R.Selvakumar said that Muthu Subramani rode the bike at high speed and hit the stationery lorry parked on the road without proper precautionary measures.
If he had driven the motorcycle in a careful manner the fatal accident could have been avoided. If the lorry had been parked with proper precautionary measures, this accident could have been avoided.
The chief judge said that under such circumstances, the court was of the considered view that both bike rider and lorry driver were equally negligent.
Mohan and ICICI Lombard General Insurance Company Ltd. were ordered to pay compensation of Rs 13,25,000 and M.Y.Jayashankar and National Insurance Company Co., Ltd. ordered to pay Rs 13,25,000 jointly and severally to her parents at 7.5 per cent interest per annum.
