Chennai: The Motor Accidents Claims Tribunal, Chennai, has directed the owner of a two-wheeler to pay a compensation of Rs 28.46 lakh to family members of a driver who died in a road accident four years ago.
Petitioner Lakshmi submitted that her husband N. Jayachandran was a driver in a hotel in Porur. He was receiving a salary of Rs 15,000 per month. When Jayachandran was walking near Iyyappanthangal bus stop, a two-wheeler belonging to K. Mohan dashed against him on September 3, 2014 at about 9.50 p.m. He sustained serious injuries and was rushed to a private hospital. Later, he was shifted to Rajiv Gandhi government general hospital where he succumbed to injuries on October 2, 2014.
Poonamalle traffic investigation police registered a case under sections 279 and 338 of IPC against the rider of the two-wheeler. Lakshmi said the family members depended on the income of her husband. The accident took place due to the negligence of the biker and hence the owner of the vehicle and national insurance company, insurer of the two-wheeler, are liable to pay a compensation of `37 lakh to the family members.
The vehicle owner did not appear before the court. The insurance firm denied the contentions in the petition. The firm stated that prosecution laid FIR only for section under 279 and 338 of IPC for the injuries sustained by the deceased and no post-mortem was conducted on the body of the deceased. The firm submitted that Jayachandran died one month after the accident and the death was not due to the injuries sustained in the accident, but due to some other cause. Hence, the petition is liable to be dismissed, they claimed.
On completion of the trial, Small Causes Court -II, Judge A.S. Harihara Kumar said, “Tribunal holds that the accident occurred due to the rash and negligent riding. The family members of Jayachandran are entitled to a sum of `28.46 lakh as compensation for his death in the road accident. The judge directed owner of the two-wheeler to pay the amount in two months....