Tribunal awards Rs 12 L to son of couple killed in road accident

Chennai

The petition was filed by C Thiyagu under Section 166 of the Motor Vehicles Act and Rule 3 of MCAT claiming compensation of Rs 25 lakh for the death of his father and Rs 18 lakh for his mother in the road accident.

According to the petition, Chinnasamy (58) and his wife C Parvathy (57) were travelling on a bike from Salem to Namakkal on October 23, 2014. The couple was trying to cross the Koolangkal Kadu centre median with due care and diligence, when a car coming from another direction in a rash and negligent manner, without following the traffic rules, dashed against the motorcycle.

Chinnasamy was thrown off from the vehicle and died on the spot, while his wife succumbed to injuries in the hospital on November 18. Since the accident had occurred due to reckless driving of the car driver, he and the insurance firm, the Tata AIG General Insurance Co Ltd, being the insurer of the vehicle jointly, vicariously and statutorily liable to pay the compensation, read the petition.

Countering this, the insurance firm denied the allegation and submitted that the amount claimed as damages under various heads is imaginary and unsustainable.

Recording the submissions, Special Sub Judge P Revathy held that the accident had occurred due to the rash driving of the car driver and directed the insurance firm to pay Rs 6,93,600 for the death of Chinnasamy and Rs 5,46,650 for Parvathy with an interest rate of 7.5 per cent per annum from the date of the filing the claim petition.