Madurai: Observing that negligence on the part of the driver must be established to avail compensation under Section 166 of Motor Vehicles Act, Madras high court reduced the compensation awarded to the family members of an accident victim from Rs 8.02 lakh to Rs 50,000. The case involved the death of a woman after the two-wheeler on which she rode pillion with her husband skidded in Thanjavur district in August 2013.
Selvam and his wife Pushpalatha were travelling on the bike near Poonayiruppu village when a cow crossed the road. When he applied the brake, the vehicle skidded and they fell down. While both of them sustained injuries, Pushpalatha died at the hospital the same day. Selvam and his daughters moved the Thanjavur motor accidents claims tribunal seeking compensation. The tribunal passed an order in 2015 directing the insurance company to pay Rs 8.02lakh compensation holding that there was no negligence on the part of Selvam who rode the two-wheeler. Challenging the order, the insurance company filed the present civil miscellaneous appeal before HC Madurai bench.
Justice K Murali Shankar observed that in a claim under Section 166 of the Act, it is compulsory to show that someone is guilty of negligent driving and then only, the owner of the offending vehicle can be made liable. In the case on hand, there is no evidence to show that the negligent driving of the offending vehicle was responsible for the accident. The insurance company had submitted before the tribunal that Selvam did not have a driving licence and paid a fine for the same before the trial court.
The judge observed as to what more evidence or materials are necessary to show that the insurance policy condition has been violated. The judge observed that the claimants are only entitled to get compensation under Section 140 of the Act which says that in the event of death or permanent disablement of any person resulting from motor vehicle accidents, the owner of the vehicle is liable to pay Rs 50,000 in case of deaths and Rs 25,000 in case of permanent disability. Thus, the judge set aside the tribunal award and directed the insurer to pay Rs 50,000 to the family.