Insurer to compensate pillion rider with Rs 23 lakh
New India Assurance Co Ltd stated that the petitioner was not travelling on the two-wheeler.
Chennai: The Motor Accidents Claims Tribunal, Chennai, has directed an insurance firm to pay a compensation of Rs 23.31 lakh to a tailor whose leg had to be amputated following an accident. A tanker lorry had run over her when she was travelling on the pillion seat on a two-wheeler five years ago, requiring her leg to be amputated.
In her petition to the tribunal, the victim, Girija, said she was working as a tailor and earning Rs 500 per day. On September 12, 2014, at about 2 pm she was travelling as a pillion rider on a two-wheeler (TN 13 0136) at Ambattur, Menambedu, Near Bharat Matriculation School, a tanker lorry (TN 18F 1927) suddenly turned to the right and hit the two-wheeler.
Girija said she was thrown off the two-wheeler a wheel of the lorry ran over her leg. She sustained multiple injuries and was admitted in hospital for more than 40 days. Her left leg was amputated and she was unable to work, she told the tribunal.
The accident took place due to the fault of the lorry driver she said and held V. Manimekalai, owner of the vehicle, and New India Assurance Co Ltd, which insured the lorry, liable to pay her compensation of Rs 40 lakh.
New India Assurance Co Ltd stated that the petitioner was not travelling on the two-wheeler. It said Girija had amended the vehicle number two years after filing the petition. Seeking dismissal of the petition, the firm stated that it was falsely implicated. After considering oral and documentary evidence, Judge, Small Causes Court-III, S. Umama-heswari held that the accident took place due to the rashness and negligence of the lorry driver and Girija had sustained injuries despite not being at fault.
This tribunal held that she was entitled to get compensation of '23,31,578. Being the insurer of the lorry, New India Assurance Co Ltd. was liable to pay compensation to the petitioner, the judge said.
