Friday, March 1, 2019

Chennai: Private bus owner, insurance firm to pay Rs 14 lakh to kin of mishap victim 

DECCAN CHRONICLE.


Published Feb 28, 2019, 2:34 am IST


In the petition Vijaya submitted that her husband, Panchatcharam had several businesses including real estate business.

Panchatcharam sustained grievous injuries and next day he died in the hospital. She said the accident took place due to the negligence of the bus driver. (Representational Image)

Chennai: The Motor Accident Claims Tribunal, Chennai, directed a private bus operator and a public sector insurance firm to pay a compensation of Rs 14 lakh to family members of a 57-year-oldbusinessman who died in a road accident.

In the petition Vijaya submitted that her husband, Panchatcharam had several businesses including real estate business. He was earning Rs 50,000 per month.

On September 15, 2015, at about 7 am, he was riding the motorcycle (bearing registration No. TN20 AW 7096) on Vallal MGR Salai, near Thiruvalluvar Salai Arch, Maraimalai Nagar. A bus, which was belonged to M/s.Sri Ganesh Travels, was being driven in a rash and negligent manner.

The bus rammed into the two-wheeler.

Panchatcharam sustained grievous injuries and next day he died in the hospital. She said the accident took place due to the negligence of the bus driver. Hence, M/s.Sri Ganesh Travels and the New India Assurance Co., Ltd., insurer of the vehicle, jointly and severally liable to pay compensation to the family members.

In the reply the insurance firm stated that the petition is false, frivolous, vexatious, not maintainable in law and in facts. The alleged accident happened only due to the rash and negligent riding of Panchatcharam. Hence, contributory negligence may be apportioned with a greater percentage against the motorcycle.

Chief Judge, Court of Small Causes, Chennai, R.Selvakumar said considering oral and documentary evidence, this court finds that the accident took place due to the rash and negligent driving of the bus driver.

In the result, the travels and insurance firm jointly and severally ordered to pay a sum of Rs 14 lakh to the petitioners with interest at the rate of 7.5 per cent, said the Chief Judge.

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