MADURAI: The Madurai Bench of the Madras High Court recently confirmed the compensation awarded to the family members, co-passengers and driver of former Karur MLA Vasuki Murugesan, who died in a road accident after the car in which she was travelling collided with a tanker lorry, at Sulur in November 2009.
But the court slightly modified the order passed by the Karur Motor Accident Claims Tribunal, by fixing the liability on the car owner and its insurance company, instead of the insurance company with which the tanker lorry was insured.
Justice R Vijayakumar made the decision in a batch of appeals filed by the insurance company with which the lorry was insured, challenging the tribunal's order dated June 5, 2015. The company argued in the appeal that the tribunal had solely relied on the rough sketch prepared by the police officials, despite the fact that the criminal court had disbelieved the rough sketch during the trial and had even recommended action against the police officials concerned.
Justice Vijayakumar also refused to accept the rough sketch citing several discrepancies. He further observed that the statement of the injured persons that the tanker lorry, which weighs around 40 tonnes, had moved to the southern side of the road and caused the accident and thereafter, dragged the car to the northern side of the road is highly improbable. The fact that the lorry's left side and the car's front portion alone were damaged in the accident itself would show that the car driver was responsible for the accident, the judge pointed out.
However, as far as the compensation amount is concerned, the judge upheld the tribunal's decision, according to which the legal heirs of the former MLA would receive Rs 17.63 lakh, the car driver R Senthilkumar would get Rs 2.04 lakh, the co-occupants of the car-gang mazdoor in highways department N Shanker would receive Rs 53,700 and labour contractor S Sabesan would be given Rs 4.02 lakh.