Family of road accident victim gets relief after 14-year battle

Justice S Ananthi passed the order while dismissing an appeal filed by the insurance company in 2011 challenging the Tribunal’s decision.
Madurai Bench of Madras High Court
Madurai Bench of Madras High Court

MADURAI: After almost 14 years of legal battle, the family of a road accident victim got relief as the Madurai Bench of Madras HC upheld the decision by the Motor Accident Claims Tribunal of Kulithalai to grant Rs 4.26 lakh compensation to them for an accident in 2008. Justice S Ananthi passed the order while dismissing an appeal filed by the insurance company in 2011 challenging the Tribunal’s decision.

According to Justice Ananthi’s order, the accident took place on June 22, 2008. A mini-van, carrying passengers and goods to a function, capsized and a woman, Patturoja, died in it. Patturoja’s family filed a petition seeking compensation the same year. Upon finding that the accident happened due to the rash driving of the mini-van driver, the Tribunal ordered the insurance company, with which the vehicle was insured, to pay Rs 4.26 lakh compensation.

But the insurance company challenged the Tribunal’s order saying Patturoja was an unauthorised passenger and hence the company was not liable to pay the compensation. However, Justice Ananthi dismissed the appeal, saying that Patturoja had travelled in the van in the capacity of the owner of the goods, which she was taking for her grandchildren’s function. Therefore, she cannot be termed as an unauthorised passenger.

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