Chennai: Insurer asked to pay Rs 18L to couple for son's death in road mishap
Chennai: The Motor Accident Claims Tribunal, Chennai directed an insurance firm to pay compensation of Rs 18.44 lakh to a couple for the death of their son in a road accident five years ago when a tourist van had dashed against the student when he was waiting for a bus at Moolakadai.
In the petition, E Elumalai and E. Mangai submitted that their son S.E. Arunkumar, 17, was doing first year BE (Mechanical Engineering) course in an engineering college at Sriperumbudur.
He was proceeding to college on December 11, 2013. When he was
waiting for a bus in Moolakadai, Grand National Trunk Road, a Mahindra tourist van, which came driven in a rash and negligent manner, dashed against him.
Arunkumar sustained severe multiple injuries and was rushed to Stanley Government Medical College hospital where he died. The GNT Road Traffic Investigation Wing, Madhavaram registered a case against the van driver for the offence committed under section 279,337,338 and 304(A) of IPC.
The petitioners contended that Arunkumar was doing BE (Mechanical Engineering) course in a reputed engineering college in the State.
If he had completed the course, he would have secured a good job and received income. Due to his sudden demise, they faced serious hardships.
They said Anthonyammal, owner of the van and ICICI Lombard General Insurance, insurer of the vehicle, are liable to pay a compensation of ' 50 lakh to them.
Anthonyammal had not appeared before the court. In its reply, ICICI Lombard General Insurance denied the contentions mentioned in the petition.
The firm stated that petitioners are not dependents of Arunkumar. The accident occurred only due to the negligence of Arunkumar, who crossed the road negligently and fell on the van. Stating that the firm was not liable to pay any compensation to the petitioners, the company sought the dismissal of the application.
Small Causes Court-II, Judge A.S. Harihara Kumar said, considering oral and documentary evidences, the Tribunal holds that the accident occurred due to the negligence of van driver. The petitioners were entitled to receive ' 18,44,400 as compensation for the death of
Arunkumar payable by the insurance firm along with an interest of 7.5 per cent per annum.
