High Court directs insurance firm to pay compensation
MADURAI, SEPTEMBER 09, 2018 00:00 IST
The Madurai Bench of Madras High Court has dismissed the appeal of a nationalised insurance company and directed them to pay appropriate compensation towards the family of the deceased.
Justice J. Nisha Banu observed that interpretation of Motor Vehicles Act,1988, should be more beneficial to poor victims and directed the insurance company to pay the compensation. The National Insurance Company appealed against a lower court order which directed the insurance company to pay appropriate compensation to the family of the victim.
The case is that the deceased, Moorthy, had engaged a bore-well drilling truck for sinking a borewell at his plot in Seelanthikulam in Tirunelveli district.
On the fateful day, the deceased was inspecting the work at his plot when all of a sudden a rod from the drilling machine hit Moorthy. Due to the impact, he suffered injuries on his head and body. He later succumbed to his injuries at a private hospital.
The lower court had observed that this was an act of negligence on the part of the truck owner and directed the insurance company to pay compensation and recover the same from the owner of the vehicle. The insurance company had contended that it was not liable as the accident occurred due to the drilling machinery which was not part of the insured lorry.
MADURAI, SEPTEMBER 09, 2018 00:00 IST
The Madurai Bench of Madras High Court has dismissed the appeal of a nationalised insurance company and directed them to pay appropriate compensation towards the family of the deceased.
Justice J. Nisha Banu observed that interpretation of Motor Vehicles Act,1988, should be more beneficial to poor victims and directed the insurance company to pay the compensation. The National Insurance Company appealed against a lower court order which directed the insurance company to pay appropriate compensation to the family of the victim.
The case is that the deceased, Moorthy, had engaged a bore-well drilling truck for sinking a borewell at his plot in Seelanthikulam in Tirunelveli district.
On the fateful day, the deceased was inspecting the work at his plot when all of a sudden a rod from the drilling machine hit Moorthy. Due to the impact, he suffered injuries on his head and body. He later succumbed to his injuries at a private hospital.
The lower court had observed that this was an act of negligence on the part of the truck owner and directed the insurance company to pay compensation and recover the same from the owner of the vehicle. The insurance company had contended that it was not liable as the accident occurred due to the drilling machinery which was not part of the insured lorry.
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