Hyderabad: Telangana high court on Tuesday set aside an order of motor accidents claims tribunal in a traveller’s death in a road accident and directed New India Assurance Company Ltd, Secunderabad, to pay 29 lakh to the wife of the deceased along with interest for the last 10 years.
Wondering how contributory negligence could be attributed to the traveller who was sitting next to the car driver and was killed in the road accident, a bench comprising Justices P Sam Koshy and N Tukaramji passed this order.
The bench was hearing the petition of Arava Satyavathi, who challenged the order of a Sangareddy motor accidents claims tribunal which fixed a compensation of Rs 29 lakh but halved it on the grounds of contributory negligence. Half of the award amount was directed to be paid to the woman and family.
On May 20, 2013, the car in which Satyavathi’s 58-year-old husband Subba Rao was travelling rammed a stationary truck in Sangareddy while coming back from Machilipatnam to Hyderabad. He died in the accident. Following claims of contributory negligence from the insurance company, the tribunal reduced the compensation and half of the amount was ordered to be paid.
Satyavathi approached the HC. Her counsel explained to the court it was truck driver’s fault to park it in the middle of the road without indicator lights. The counsel for the insurance company argued that the decision of the trial court was right because the accident was caused by the car driver.
The bench said: “How can a driver who was driving at 3.30 am identify a parked vehicle without any indicators. At best, it could be a case of composite negligence. Even then you cannot escape liability.” It directed the insurance company to pay full money of 29 lakh to Satyavathi. The bench said: “If you have already paid any amount to her, pay remaining with interest within 45 days.”
We also published the following articles recently