Thursday, August 22, 2013

Motor tribunal orders insurer to pay compensation

In an accident in 2009, Muralidhar Pandilapalli, a 38 year old software professional from Pune, was hit by a speeding truck resulting in his death. 

At the time of the incident, Muralidhar was drawing a package of INR 5 lakhs per annum. He left behind a 34 year old wife, a 6 year old son and a 1 year old daughter. They filed a claim with the insurance company, New India Assurance Ltd. The insurer denied the claim on the basis that the truck was not driving rashly. On the contrary, the company concluded it was Muralidhar who was driving rashly and tried to overtake the truck from the left side resulting in his death.

Upon being denied by the insurer, the dependents filed the claim with Motor Accident Claims Tribunal (MACT), Pune. After looking at all the proofs submitted before the tribunal, the MACT observed that the accident occurred due to rash and negligent driving by the truck driver. MACT completely denied the insurer’s version of the accident and ordered the insurer and truck owner to jointly pay INR 65.27 lakh alongwith 7.5% interest from December 2009 when the petition was filed.

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