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Tribunal asks uninsured biker to pay Rs 23.6 lakh to mishap victim as damages

In an unusual order, the Motor Accident Claims Tribunal, Chennai has directed the owner of a two-wheeler, who was responsible for the accident, to pay a compensation of Rs 23.6 lakh to the kin of a senior technician at Integral Coach Factory here.

Tribunal asks uninsured biker to pay Rs 23.6 lakh to mishap victim as damages
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Chennai

The tribunal observed that the owner of the vehicle had failed to maintain insurance for the bike and directed that he pay the full compensation amount. The official was travelling near Konnur High Road when the two-wheeler, driven in a rash manner, hit against him.

The petition was filed by under Section 166 of Motor Vehicles Act and Rule 3 of MACT, claiming a compensation of Rs 1 crore for the death of R Asaithambi (58), in a motor accident on March 13, 2018, at about 1 pm. According to the petition, Asaithambi was driving his vehicle carefully, following traffic rules, when he was hit by the two-wheeler. The accident occurred due to rash and negligent riding of the respondent’s vehicle.

The tribunal, who examined the eyewitness account, recorded that Asaithambi was thrown off his vehicle and his helmet was broken and he sustained severe head injuries. The respondent K Karthik remained ex parte and since there was no specific evidence on the side of the respondent, the court concluded that the accident had occurred due to the rash and negligent driving of Karthik. And being the owner of the vehicle, he is liable to pay the compensation.

Recording the submissions, Chief Judge B Sarodjiny Devy said, “Respondent being the owner of the vehicle shall have to pay the compensation of Rs 23,62,000 with interest rate at 7.5 per cent per annum from the date of filing the application.” The judge awarded the compensation after calculating the loss of love and affection, loss of consortium and loss of dependency among other things.

The tribunal has directed the respondent to deposit the amount within three months to the tribunal’s bank account. The petitioners’ mother and son are entitled to receive Rs 17, 71, 500 and Rs 5,90,500 respectively.

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