₹86.16 lakh compensation awarded to kin of techie

Wife to get a share as victim’s divorce petition was pending

The Motor Accidents Claims Tribunal, Chennai, has directed an insurance firm to pay ₹86.16 lakh as compensation to the kin of Vijayaraghavan, a 32-year old techie, who died in a road accident nearly eight years ago.

P. Jayaraman and J.Premalatha, the deceased’s father and sister, moved a petition for compensation.

According to their petition, on April 25, 2012 while Vijayaraghavan was riding a motorcycle on the Medavakkam-Perumbakkam main road, a lorry hit his vehicle from behind.

Vijayaraghavan fell and sustained fatal injuries.

S. Ramesh, the owner of the lorry, L & T General Insurance Company Limited (now merged with HDFC-ERGO General Insurance) were named as respondents.

Negligent act

Based on a copy of the FIR, medical records and eyewitnesses, the tribunal noted that the accident occurred due to the rash and negligent act of the lorry driver and the insurance firm was liable to pay compensation.

Vijayaraghavan’s wife Parameswari was named as the third respondent.

According to court proceedings, he had filed a divorce petition. However, since he passed away during the pendency of the petition, it was not granted.

Since divorce was not granted to the deceased, Parameswari was treated as wife of Vijayaraghavan and she was entitled to the compensation, the tribunal said.

The father and wife are entitled to loss of dependency and loss of estate-related compensation, while his sister was entitled only to the loss of love aspect of compensation, it added.

Out of the total compensation, the father and wife of the deceased were entitled to about ₹42,88,350 each and his sister was entitled to ₹40,000, the tribunal said.

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Printable version | Feb 23, 2020 8:00:39 AM |

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