`10.5 lakh pay­out or­dered for fam­ily of cus­to­dial death vic­tim

The New Indian Express - - CHENNAI -

AP­PLY­ING the the­ory adopted in de­cid­ing the in­come of an ac­ci­dent vic­tim un­der the Mo­tor Ve­hi­cles Act, the Madras High Court has fixed the monthly in­come of a cus­to­dial death vic­tim at `3,000 and awarded a to­tal com­pen­sa­tion of `10.50 lakh to the vic­tim’s wife.

Even though it was con­tended by the pe­ti­tioner that her hus­band Pan­dian was an agri­cul­tur­ist and there was no proof to show that he was own­ing agri­cul­tural land, Jus­tice S Vaidyanathan said he took into ac­count the prin­ci­ples of mo­tor ac­ci­dent vic­tim com­pen­sa­tion cases to ar­rive at the com­pen­sa­tion and fixed it at `10.50 lakh, against the pe­ti­tioner’s claim of `20 lakh.

Ac­cord­ing to the pe­ti­tioner, her hus­band died in po­lice cus­tody in April 1995. She has three daugh­ters and one son. She claimed that her hus­band had not com­mit­ted any of­fence, much less the one al­leged against him and as the death oc­curred in cus­tody, the pe­ti­tioner would be en­ti­tled to a com­pen­sa­tion of `20 lakh.

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