Summary: In a recent judgment from the Madras High Court, the money given to Balasubramanian's family for a motorcycle accident was reduced. The court found that the deceased was partly responsible for the accident.
On May 19, 2013, a tragic accident occurred near Sangamam Quarters, Villupuram. The deceased, a 27-year-old manager at Sooriya Beach Resort, was riding a motorcycle when he collided with another vehicle. The family asked for Rs. 41,00,000 in compensation, claiming the other driver was careless.
The Motor Accidents Claims Tribunal initially awarded Rs. 20,10,000 to the family. This amount was for various losses, including loss of income and love, after deducting 15% because the deceased was partly at fault.
"The Tribunal awarded a total compensation of Rs. 20,10,000 under various heads, after deducting 15% towards contributory negligence."
The Divisional Manager of IFFCO-TOKIO Insurance Company challenged the award, arguing that the deceased was mostly at fault. The company pointed out that the deceased didn't have a valid driving license and failed to keep a safe distance.
The court, led by Justices C.V. Karthikeyan and K. Kumaresh Babu, looked over the evidence. They found that the deceased was indeed riding too fast and didn't keep a safe distance, which helped cause the accident.
"The deceased failed to maintain a safe distance and did not regulate his speed in accordance with road conditions."
The court decided to increase the deceased's fault to 30% and adjusted the compensation accordingly. The final amount awarded was Rs. 12,79,000.
"The compensation determined by the Tribunal shall be subject to deduction of 30% towards contributory negligence."
The court concluded that the deceased was more at fault than initially thought, leading to a reduction in the compensation amount. IFFCO-TOKIO Insurance Company must now deposit the revised compensation amount within 30 days, ensuring Balasubramanian's family receives their due share promptly.
