No licence? Court reduces accident relief from ₹8L to ₹50,000

No licence? Court reduces accident relief from ₹8L to ₹50,000

K.Kaushik@timesgroup.com

Madurai:25.05.2021

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 ₹8.02 lakh to ₹50,000. The case involvedthedeath 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 brakes, the vehicle skidded and they fell. While both of them sustained injuries, Pushpalatha died at the hospital on 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 ₹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 the Madurai bench of the high court.

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 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 material are necessary to show that the insurance policy condition has been violated. The judge observed the claimants are only entitled to get compensation under Section 140 of the Act, which is ₹50,000.