Insurance firm told to pay Rs 8.69 lakh to kin of sweeper

Muniamma was at work near South Usman Road when an auto, driven in a rash and negligent manner, knocked her down, said the petition, claiming a compensation of Rs 35,12,000 for the death of Muniamma under section 166 of the Motor Vehicles Act and Rule 3 of MACT.

According to the petition, Muniamma, working as a sweeper, was hit by an auto coming from T Nagar bus stand towards Saidapet at around 12.15 am on July 13, 2012. She sustained head injuries and died on the way to the hospital. The petition also claimed that the auto driver didn’t have a valid licence and indulged in rash driving.

The insurance firm, being the insurer of the auto, denied the charges. “The deceased negligently crossed the road without following traffic rules and invited the accident,” it said. “The claim made by the kin of the deceased is highly excessive and has no basis,” it added.

Recording the submissions, Judge S Umamaheswari said, “Though the firm denies it, FIR copy and death certificate among other things prove that the accident had occurred only due to the rash and negligent driving of the driver who was charge-sheeted by the police.”

After calculating the quantum of compensation including the loss of dependency, love and affection, parental consortium, the tribunal directed the firm to pay Rs 8.69 lakh as compensation. The amount should be paid with future interest at 7.5 per cent per annum. Of the total amount, her two sons were entitled to get Rs 3 lakh each and her married daughter Rs 2.69 lakh.