Chennai: The agony of a mother, who has been fighting for over 24 years to get compensation for the death of her only son, a lorry driver in a road accident in 1993 by approaching various forums, has come to an end.
Madras high court has confirmed the compensation of Rs 3.47 lakh with interest at 7.5 per cent per annum awarded by the Motor Accident Claims Tribunal, Salem in 2007.
Dismissing the appeal from National Insurance Company, Justice N. Seshasayee said, “The only point (maintainability of her petition before MACT) that the appellant has raised is decided against it. There is no dispute now before the court as to the identity of the person dead, that death visited him in a road accident, his relationship to the claimant or the latter’s entitlement to compensation. Hopefully, the agony of this litigant must end now. This court only intends to convey to this litigant: Sorry, we have kept you waiting this long to secure your right”.
On May 18, 1993, when he was on the wheels of the lorry, due to a head on collusion with a bus belonging to State Transport Corporation, Lokeshwaran died on the spot. His mother Bakkiam first moved the authority Workmen Compensation Tribunal but her claim was rejected. Instead of preferring an appeal, she moved MACT, which awarded '3.47 lakh as compensation.
Aggrieved, the insurance company preferred the present appeal contending that her claim before MACT was not maintainable as Bakkiam had already moved another forum and lost her case.
“Without analysing if the mother of the victim can be blamed for the fault of the doctor who conducted the autopsy on the body of her son and be denied compensation, or discussing the legal semantics on burden of proof, the fact remains that no compensation has been paid thus far, and the insurance company which objects to passing of the award on a point of maintainability of the claim before this court is yet to part with its money even as it reflects an attempt to write off the life of a citizen and the support he could have given to his parent as valueless,” the judge added.
