The judge found that applicants are only entitled to compensation under Section 140 of the Act, which states that in the event of death or permanent disability of a person due to motor vehicle accidents, the owner of the vehicle is required to pay Rs 50,000 Deaths and Rs 25,000 in the case of permanent disability. Therefore, the judge overturned the Tribunal Award and ordered the insurer to pay Rs 50,000 to the family.Madurai: Given that driver negligence must be determined in order to claim compensation under Section 166 of the Motor Vehicle Act, the Madras Supreme Court reduced the compensation to the family members of an accident victim from 8.02 lakh to Rs 50,000 The case concerned the death of a woman after the two-wheeler she was riding with her husband pillion skid in August 2013 in Thanjavur district.

Selvam and his wife Pushpalatha were riding bicycles near the village of Poonayiruppu when a cow crossed the street. When he applied the brakes, the vehicle slipped and they fell off. While both were injured, Pushpalatha died in hospital on the same day. Selvam and his daughters moved the Thanjavur Automobile Accident Tribunal for damages. The tribunal issued an order in 2015 ordering the insurance company to pay compensation of 8.02 rupees, according to which Selvam, who rode the two-wheeled vehicle, had not been guilty of negligence. The insurance company filed the present civil complaint against the order with the HC Madurai Bank.

Judge K Murali Shankar stated that a lawsuit under Section 166 of the law must demonstrate that someone has driven negligently and that only the owner of the vehicle concerned can be held liable. In the present case, there is no evidence that negligent driving of the vehicle in question was responsible for the accident. The insurance company had argued before the tribunal that Selvam did not have a driver’s license and had paid a fine in front of the court for it.

The judge determined what additional evidence or material is required to demonstrate that the condition of the insurance policy has been violated. The judge found that applicants are only entitled to compensation under Section 140 of the Act, which states that in the event of death or permanent disability of a person due to motor vehicle accidents, the owner of the vehicle is required to pay Rs 50,000 Deaths and Rs 25,000 for permanent disability. Therefore, the judge overturned the Tribunal Award and ordered the insurer to pay Rs 50,000 to the family.