Insurance firm directed to pay Rs 26 lakh to kin of lorry driver

The petition was filed under Section 166 of the Motor Vehicles Act and Rule 3 of MACT by T Kumari claiming a compensation of Rs 58 lakh for the death of Tamilselvan (46) in the accident.

On May 1, 2016, Tamilselvan was driving a lorry proceeding from Krishnagiri to Dharmapuri when he met with the fatal accident. When he reached near Santhapuram village, another lorry which was proceeding in front of his vehicle suddenly came to a halt without any indication, resulting in a collision.

Tamilselvan sustained multiple injuries and later died in the hospital without responding to treatment. “The accident was a result of negligence on the part of the driver who halted the lorry in the middle of the road. The driver and the insurance firm, being the insurer of the lorry, are vicariously and statutorily liable to pay the compensation,” the petition read.

The insurance firm contended that it was the negligent driving of Tamilselvan which resulted in the accident. The lorry which was proceeding in front of him was driven by its driver with due care and caution by obeying the traffic rules. “Already, an accident had taken place on the said road involving two other vehicles. Due to that, the lorry driver slowed down the vehicle, but Tamilselvan negligently drove his vehicle and rammed the rear of the said lorry,” read the counter.

Recording the submissions, Judge S Umamaheswari said, “The insurance firm is directed to pay T Kumari a sum of Rs 26.7 lakh with future interest at 7.5% per annum. They should deposit the amount within two months to the account of Claims Tribunal.”