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Madras High court rendered apology to the victim’s mother for making her wait for 24 years for compensation

Team SoOLEGAL 9 Aug 2017 10:17am

Madras High court rendered apology to the victim’s mother for making her wait for 24 years for compensation

The Madras High Court has displayed a rare act of courage to apologize to a humble woman applicant, who has been battling the court for 24 years and now won to receive compensation for the loss of her son in 1993.

The accident occurred in 1993, a little over than 24 years and the mother is not compensated yet. A petition filed by a Public Sector Insurance Company against the compensation of 3.4 lakhs by a Motor Accident Claims tribunal (MACT) said on Friday. A bench comprising Justice N Seshasayee, rejected the petition and confirmed the compensation of 3, 47,000 with interest, also observed that the case reflects an attempt to write off the life of a citizen and the support he could have given to his parents are valueless, said Justice N Seshasayee.

It all started when Bakkiam's lorry driver-son Lokeshwaran died on May 18, 1993, when his lorry had a direct crash with a bus belonging to the state transport corporation. Lokeshwaran died at the very moment. For some reason, instead of moving a motor accident claims tribunal for compensation under Motor Vehicles Act, Bakkiam sought to get compensation under the Workmen's Compensation (WC) Act, 1923. As WC Act is invoked mostly in cases of industrial accidents, her claim was rejected summarily.      

Afterwards, she filed a petition against Motor Accident Claims tribunal for the compensation of Rs. 5 Lakh. The insurer of the Lorry, National Insurance Company Limited, defended itself by stating that since she decided to make a claim for compensation against WC act, the second claim before MACT is not maintainable. The tribunal rejected objections and forwarded the compensation of 3.47 lakh. The compensation will be paid equally by Lokeshwaran’s employer and state transport corporation. Displeased by the decision, the insurer moved the petition. 

Tagged: Justice N Seshasayee   Motor Accident Claims  
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