MHC directs United India Insurance to pay Rs.1.34 crore to deceased professor's family

CHENNAI: The Madras High Court (MHC) has directed the United India Insurance company to pay Rs 1.34 crore as compensation to the family of a professor who died in a road accident.

The insurance company preferred an appeal challenging the order imposed by the Motor Accidents Claims Tribunal, Salem to award Rs 1.31 crore as compensation. The deceased victim’s family also preferred an appeal to enhance the compensation to Rs 5 crore. Both the appeal pleas were heard by a division bench comprising Justice R Subramanian and Justice N Senthil Kumar.

Since there is no evidence on the side of the insurance company to establish the contributory negligence done by the deceased which amounts to the fatal accident, we do not think we can conclude that the deceased has contributed to the accident, wrote the bench. Further, the bench upheld the findings affirmed by the Tribunal that the accident occurred due to the rashness and negligence of the rider of the motorcycle which is insured with the insurance company.

The bench also enhanced the compensation imposed by the Tribunal from Rs 1.31 crore to Rs 1.34 crore and directed the insurance company to pay the compensation to the victim’s family within twelve weeks. Further, the bench also directed the registry to refund a sum of Rs.3.65 lakh to the appellant family from Rs.5 lakh paid by them as a court fee.

According to the family members, on February 12, 2016, the deceased Elangovan, a professor at Government Rajaji Medical College Hospital, was riding his two-wheeler near Gandhi Stadium, Salem on the extreme left side of the road. In the meantime another two-wheeler, which was insured by the appellant insurance company came from the opposite direction and hit the deceased, as a result of the impact, the deceased was thrown off the vehicle, sustained multiple fractures - head injuries, and succumbed to death on the spot, said the family members.

The Tribunal, on August 10, 2021, after having heard both the parties Rs.1.31 crore was imposed on the insurance company as compensation having held that the accident occurred due to the rash and negligent driving on the part of the respondent.