The court also reduces compensation awarded to the kin of pillion riders Taking note of the fact that three persons were on a motorcycle at the time of the accident, the Madurai Bench of the Madras High Court set aside the compensation amount awarded by a tribunal to the family members of the deceased rider and reduced the amount awarded to the family members of the deceased pillion riders.
Video cameraman Balu alias Balakrishnan was riding a motorcycle with lightman Moorthi alias Sathyamoorthi and still photographer Augustine on the pillion when the vehicle ran over a heap of sand on the road and hit a roadside tree. While Balakrishnan died on the spot, Sathyamoorthi and Augustine died on the way to the hospital. The Motor Accident Claims Tribunal in Tiruchi awarded compensation of ₹3.60 lakh to the family of Sathyamoorthi, ₹4 lakh to the family of Augustine and ₹4.50 lakh to the family of Balakrishnan. The National Insurance Company challenged the order. Justice R. Tharani observed that in the present case the rider of the two-wheeler had allowed two other persons to ride pillion. He hit the heap of sand on the road and then hit the tree. Balakrishnan was the tortfeasor and he had borrowed the vehicle from his brother. The claimants were not entitled to claim any compensation, the judge said and set aside the compensation awarded by the tribunal to the family of Balakrishnan.
The judge also reduced the compensation awarded by the tribunal to the families of Sathyamoorthi and Augustine to ₹1.80 lakh and ₹2 lakh respectively.
The judge permitted the insurance company to get a refund of the amount if it was deposited.
Three persons were travelling on a motorcycle at the time of the accident, which was against the rules. Hence, both the pillion riders contributed 50% to the negligence, the judge said and reduced the compensation amount by 50%.
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