On December 8, 2023, the Madras High Court made a decision in a case about a tragic bike accident in Salem. The case was about a request for money after a deadly accident in 2012.
On September 15, 2012, a man riding a motorcycle with his brother-in-law got into an accident in Salem. A car, driven recklessly, caused the motorcycle to crash. Sadly, the rider died from his injuries on September 17, 2012. His family asked for Rs. 25,00,000 as compensation.
"The accident happened because the car driver hit the brakes suddenly," claimed the family.
The Motor Accidents Claims Tribunal in Salem initially decided to give the family Rs. 13,82,120 on February 13, 2018. They decided that the car driver was mostly at fault for the accident, while the motorcycle rider was partly to blame.
The Oriental Insurance Co. Ltd., representing the deceased's bike, disagreed with this decision and appealed. They argued that since the deceased owned the bike, he shouldn't get money meant for third-party insurance. They said the compensation should be limited to Rs. 1 lakh for personal accident coverage.
On the other side, Vijayalakshmi, the family's lawyer, argued that the car driver was completely at fault.
Justice M. Dhandapani looked over the case and changed the compensation:
The court ordered the insurance company to pay Rs. 1 lakh and directed the car's insurer to pay the remaining compensation.
At the time of the claim, some family members were underage. By 2023, they had become adults. The court adjusted the guardianship arrangements accordingly.
The court decided that the car driver was mostly at fault and ordered the car's insurance to pay most of the compensation, while the deceased's insurance had to pay a smaller amount.
