Summary: A tragic accident involving a TATA Indigo car and a Swaraj Mazda vehicle led to a court case in Chennai. The insurance company, Shri Ram General Insurance, appealed a compensation ruling, but the court upheld the original decision.
On January 18, 2010, a fatal accident occurred on the Hosur to Krishnagiri National Highway. Nishadh, along with friends Arunkumar and Ashwath, was traveling from Bangalore to Uthangarai. Their TATA Indigo collided with a Swaraj Mazda vehicle. The collision resulted in the deaths of Nishadh and Arunkumar, while Ashwath was seriously injured.
N.K. Mohammed and Shynaba, Nishadh's parents, filed a request for compensation. They argued that the accident was due to the careless driving of the Swaraj Mazda vehicle, which suddenly crossed the highway, causing the crash.
"Claiming that the accident had occurred only owing to the rash and negligent manner in which the Swaraj Mazda Medium Goods Vehicle was driven, the claim petition has been filed seeking compensation of a sum of Rs.30,00,000/-."
Shri Ram General Insurance Company, the insurer of the Swaraj Mazda, appealed against the compensation award of Rs.26,35,400/-. They claimed that the TATA Indigo's driver was at fault and questioned the compensation amount.
The judges, Mr. Justice C.V. Karthikeyan and Mr. Justice K. Kumaresh Babu, reviewed the case on January 19, 2026. They confirmed that the accident was caused by the Swaraj Mazda's sudden entry onto the highway. They also upheld the compensation amount, noting that the insurance company did not provide enough evidence to prove otherwise.
"We find no ground to interfere with the well considered Judgment of the Tribunal."
The court awarded a total of Rs.26,35,400/- to Nishadh's family, covering loss of financial support, estate, funeral expenses, and love and affection.
The court's decision confirmed that the driver of the Swaraj Mazda was responsible for the accident, and the insurance company must pay the compensation to Nishadh's family.
