This story is from February 11, 2021
Invalid insurance costs kin of accident victim 10% payout
Chennai:
S Saroja, mother of S Kuppusamy, moved the tribunal. In April 2017, Kuppusamy was riding a two-wheeler along the Melmaruvathur-Vandavasi Road off GST Road when a rashly driven tipper truck in front of him halted suddenly. Kuppusamy sustained fatal injuries after crashing into the truck and was declared dead on arrival at a hospital later. Saroja sought Rs 50 lakh compensation.
The truck’s insurer, meanwhile, contended that the compensation sought was excessive and argued that Kuppusamy did not possess valid documents at the time of the accident.
The tribunal, after perusing records, observed that evidence indicated that the truck driver was the accused and held that the insurer was liable to compensate. Since Kuppusamy did not possess a valid insurance, it fixed 10% of compensation for contributory negligence.
After arriving at Rs 16.95 lakh as compensation, it cut Rs 1.69 lakh as contributory negligence and directed the insurer to pay Rs 15.25 lakh to Saroja within two months.
Invalid
insurance cost a road accidentvictim
’sfamily
10% of thecompensation
as a motor accident claims tribunal cited it as contributory negligence to the accident. The victim’s family was awarded Rs 15.25 lakh compensation at the end.The truck’s insurer, meanwhile, contended that the compensation sought was excessive and argued that Kuppusamy did not possess valid documents at the time of the accident.
The tribunal, after perusing records, observed that evidence indicated that the truck driver was the accused and held that the insurer was liable to compensate. Since Kuppusamy did not possess a valid insurance, it fixed 10% of compensation for contributory negligence.
After arriving at Rs 16.95 lakh as compensation, it cut Rs 1.69 lakh as contributory negligence and directed the insurer to pay Rs 15.25 lakh to Saroja within two months.
Top Comment
Joseph Anandaraj
1384 days ago
Of late the contributory negligence was often cited and the compensation to the victim's kin, drastically reduced too. People travel in public carriers such as Autos, Share Autos, Call taxis, etc. and if such vehicles were not covered with valid Insurance, will the victim's kin will be victimized further for the contributory negligence of the Public carriers not having valid Insurance cover at the time of the accident? How to ascertain the public carrier vehicle is having valid insurance cover, as well the driver holding a valid driving license too? RTO/Government should direct Public carriers to display the DL and valid Insurance certificate in the vehicle in the interest of all concerned. NO PAIN NO GAIN.Read allPost comment
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