Deceased Motorcyclist’s Wife And Mother Get ₹1 Lakh Personal-Accident Compensation As Madras HC Upholds Sole-Negligence Finding

The claimants, the deceased’s wife and mother, sought compensation under Section 166 of the Motor Vehicles Act for his death in a collision between his motorcycle and a lorry.

The Tribunal found that the claimants had not established negligence by the lorry driver and attributed the accident solely to the deceased.

It dismissed the claim against the lorry’s owner and insurer but awarded the claimants Rs.1,00,000 under the deceased’s motorcycle package policy as personal accident coverage.

The claimants appealed, challenging the finding on negligence

The claim was brought under Section 166 of the Motor Vehicles Act, and the appeal was filed under Section 173

The Court assessed the evidence concerning the accident to determine whether negligence by the lorry driver had been established.

It also treated the package policy as providing Rs.1,00,000 in personal accident coverage to the deceased, who was the owner-cum-rider of the motorcycle.

The claimants produced no independent eyewitness to establish that the lorry driver caused the accident, and P.W.1 was not an eyewitness.

The Court considered the FIR and final report, which attributed the accident to the deceased’s riding, the vehicle inspection reports showing damage to the lorry’s right side, and the rough sketch locating the collision near the junction.

It therefore upheld the Tribunal’s finding that negligence by the lorry driver had not been established and that the deceased was solely responsible.

Separately, the Court confirmed that the package policy entitled the claimants to Rs.1,00,000 in personal accident coverage.

The Court directed that the amount, with interest and costs and after crediting any sum already deposited, be deposited within six weeks; the claimants may withdraw it in accordance with the Tribunal’s apportionment and disbursement directions.