No licence, no helmet: Madras HC slashes insurance aid to Rs 15 lakh

The court directed the insurance company to pay the compensation and recover the same from the owner of the vehicle.
Madurai Bench of Madras High Court. (File Photo)
Madurai Bench of Madras High Court. (File Photo)

MADURAI: The Madurai Bench of Madras High Court reduced the compensation amount payable by The National Insurance Company Limited from Rs 17.63 lakh to Rs 15.12 lakh but upheld the order of Motor Accidents Claims Tribunal of Principal District Court in Sivaganga in a fatal road accident. According to the insurance company, Prabu was on his way to Manamadurai from Thirupattur in Sivaganga district when he was fatally knocked down by a van in May 2016.

The family filed a petition with the district tribunal against the owner and the insurer of the van, which ordered the insurance company to pay the compensation. But the company refused, claiming that the accused did not have a valid licence nor did he wear a helmet.

Later, the insurance company filed a petition with the Madurai Bench. Justice RMT Teekaa Raman upheld the district tribunal order and modified the compensation to Rs 16.8 lakh. Referring to a division bench judgment that has fixed 10 % on contributory negligence, the compensation was further reduced to Rs 15.12 lakh. The court directed the insurance company to pay the compensation and recover the same from the owner of the vehicle.

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