Insurance firm told to pay Rs 48 lakh to kin of engineer killed in accident

Eight years after a graduate engineer trainee (GET) met with a fatal accident in Chennai, the Motor Accidents Claims Tribunal has directed the United India Insurance Co. Ltd. to pay Rs 48 lakh as damages to the kin of the deceased.

The petition, filed by the parents of the deceased M Anandha Babu, a resident of Avadi, had sought a compensation of Rs 50 lakh, under Sections 166 and 140 of the Motor Vehicles Act and Rule 3 of MCAT.

Anandha Babu, who was 21 years old then, was riding pillion on a bike when its driver in a rash and negligent manner grazed against the side portion of an unknown vehicle on July 13, 2012. Both the rider and the pillion rider were thrown off the vehicle and Anandha Babu succumbed to injuries at a hospital. The insurance firm submitted that the accident was caused due to the negligent driving of the unknown vehicle. “The insurance was a statutory policy and hence did not cover the deceased,” read the counter.

Recording the submissions, Special Sub Judge P Revathy said, “Since the insurance firm is not able to prove the accident took place due to the negligence of the unknown vehicle alone, it is liable to compensate the petitioners. There is composite negligence on the part of both the vehicles.”

Noting that the petitioners were dependents of the deceased, the court directed the firm to pay damages of Rs 48,10,000 after calculating the total loss of dependency, loss of love and affection among other things. “Petitioners being the mother and father of the deceased are entitled to Rs 24,05,000 each with an interest rate of 7.5% per annum from the date of filing the petition i.e. January 21, 2013,” said the judge.