Insurance firm told to pay Rs 79 lakh in accident claim

The petition was filed by the mother and wife of the deceased V Sivaramakrishnan under section

163-A and 166 of the Motor Vehicles Act and Rule 3 of MACT, claiming compensation of Rs 98 lakh.

According to the petition, Sivaramakrishnan was riding his two-wheeler from Puzhal to Maduravoyal on bypass road when his vehicle collided with a lorry parked on the wrong side of the road without any indicator at 7.40 in the morning on May 29, 2017. He sustained multiple injuries and died on the spot.

Countering this, the insurance firm denied the allegations contained in the petition regarding the age, occupation and monthly income of the deceased. “The deceased had driven his motorcycle in a rash and negligent manner and dashed against a stationed lorry in broad daylight. Further, the petitioner’s claim is fanciful and exaggerated and it is not maintainable,” said the firm.

Recording the submissions, Judge S Umamaheswari said, “Due to negligent parking of the lorry, the accident had occurred.

Being an insurer of the lorry, HDFC ERGO General Insurance is liable to pay compensation to the petitioners.” Citing various Supreme Court orders, the judge awarded the compensation of Rs 79,66,200 after calculating the loss of dependency, parental consortium and others with interest at 7.5% per annum from the date of numbering the petition