Not having valid driver’s licence costs 10% of compensation

Not having valid driver’s licence costs 10% of compensation

TIMES NEWS NETWORK

Chennai:03.10.2020

Not possessing a valid driving licence has cost an accident victim’s family 10% of the compensation money awarded to him. An accident claims tribunal held that a percentage of compensation money ought to be deducted for contributory negligence. The victim, a retiree, was killed after a truck mowed down the motorcycle he was driving.

According to a petition moved by B Jayalakshmi of Ambattur, her husband Boopalan was killed in the accident on August 24, 2017, when he was riding along Redhills-Ambattur Road. The petition stated that the truck driver had driven in a rash and negligent manner and rammed into the motorcycle, leading to the Boopalan’s death.

The truck’s insurer disputed the claims and also contended that the victim was not in possession of a valid driving licence and that the two-wheeler was not insured at the time.

Tribunal judge P Revathy, after perusing documents and evidence submitted, noted that while the deceased did not have a valid driving licence, it was clear that the accident occurred due to the rash and negligent driving of the truck driver and held that the insurer was liable to pay compensation.

According to the petition, the victim had sought voluntary retirement from a biscuit manufacturing company and was running a grocery store. Based on various factors including loss of dependency, the tribunal arrived at an amount of ₹5.3 lakh as compensation. After deducting 10% for contributory negligence, the tribunal directed the insurance firm to pay ₹4.8 lakh to the victim’s family within two months. Of ₹4.8 lakh, the wife is to get ₹1.75 lakh and three daughters ₹1lakh each.