Insurance firm told to pay Rs 9 lakh to kin of boy run over by truck

CHENNAI: A city tribunal dismissed an insurance firm’s claim that a fake policy was created by the owner of a truck involved in an accident and held that it was up to the firm to have taken swift action and that it cannot absolve of the liability of paying compensation and deny a third party of compensation. The tribunal directed the firm to pay Rs 9 lakh compensation to the family of a 11-year-old boy.

The tribunal’s observation was in response to a petition by parents of the boy, who was killed after a rashly driven truck hit the boy’s bicycle and knocked him down in Nagapattinam in September 2016. The boy, E Abhishek, suffered a fall and came under the rear wheels of the truck and was killed on the spot, according to the petition by his parents Elangovan and Premalatha.

The petitioners sought a compensation of Rs 20 lakh from the insurer of the truck. In response, the insurer countered that the insurance policy for the truck involved in the accident is a fake one and that the QR code led to the policy of another vehicle. The counsel for the insurance firm argued that the policy template was misused to create a fake insurance policy. The counsel also argued that the accident was because of the negligent act by the deceased boy and that the firm cannot be held liable to pay compensation.

The tribunal after perusing the FIR, chargesheet and other documents, concluded that the accident occurred only due to the negligent driving of the truck driver and that the parents of the deceased boy are eligible for compensation.

On the submission by the insurance firm that the policy was fake, the tribunal said, “The insurance firm has been quite lethargic about the fake policy. No swift action was taken against the person who created the fake policy and they have also not produced enough evidence except for a statement by the company’s manager.”

Taking into account the age of the deceased and other factors, the tribunal computed the quantum of compensation to be Rs 9.25 lakh.

Source: The Times of India