The bench, taking into account the tax records and pay slips of the victim, fixed the annual income of the deceased at Rs 12.3 lakh and ordered the insurance company to pay compensation of Rs 1.85 crore. if you do not have car insurance. you can not safe your self and your car
New Delhi. If you haven’t insured your vehicle yet, get it done immediately. Failure to do so may result in you paying a heavy price. This is because getting a vehicle insured is legally mandatory and it also saves you from the financial burden at the time of an accident. Insurance also provides you protection against claims.
Recently, a Supreme Court bench dismissed the petition of National Insurance Company Limited against the Madras High Court order directing the family of the accident victim to pay 1700 per cent more compensation. A bench of Justices R Subhash Reddy and Hrishikesh Roy upheld the Madras High Court’s decision to increase the compensation amount from Rs 10.4 lakh to Rs 1.85 crore on the basis of Form-16, salary slip and other tax papers submitted by the victim’s family.
Now think, if you did not get insurance and there is an accident with your car, then from where will you pay such a huge compensation amount. The good thing in this case is that the owner of the vehicle accused in the accident had got the vehicle insured, so neither the owner nor the driver had to pay the compensation, but the insurance company that insured the vehicle was liable to pay the said compensation. doing.
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Coming to the case, on 14 October 2013, 35-year-old Subhash Babu, who was a manager in a private company, was traveling from Perumanallur to Erode in his car, and died in a road accident. His wife and other family members were injured in the accident. His wife, who was also an eyewitness, told the Tiruppur Motor Accident Claims Tribunal that a van driving in front of their car turned to the right without giving any signal and their car collided with the van and her husband died immediately. Went.
The tribunal, based on the police FIR, considered the victim’s negligence to be 75 per cent and fixed a compensation of Rs 10.4 lakh based on Babu’s monthly income of Rs 20,000 per month.
Dissatisfied with this order, the family filed a petition in the High Court. In August 2018, a bench of Madras High Court Justice N Kirubakaran and Justice Krishnan Ramasamy set aside the tribunal’s order and held that the van driver was held responsible for the accident as the insurance company did not produce any eyewitnesses. .
The bench, taking into account the tax records and pay slips of the victim, fixed the annual income of the deceased at Rs 12.3 lakh and ordered the insurance company to pay compensation of Rs 1.85 crore. Concurring with the order of the High Court, the Supreme Court bench observed that on the basis of the evidence brought on record, there is no reason why the contents of the FIR should be taken into account.
