Skip to main content

Compensation halved as biker killed in mishap wasn’t wearing helmet

The Motor Accident Claims Tribunal on Wednesday halved the compensation to be paid to the kin of a biker who died on being hit by a cab in 2009, after it found he was not wearing a helmet at the time of the mishap. While the actual compensation worked out by the tribunal amounted to Rs 12.30 lakh, owing to the biker Jamil Shaikh's (23) contributory negligence, his family was awarded a compensation of Rs 6.15 lakh. The fleet cab company and the insurance firm will additionally have to pay Rs 2.30 lakh in interest.

Observing that the cab driver was not solely responsible for the accident , the tribunal said, "The unfortunate death of the deceased must be attributed to the non-wearing of a protective headgear by him, as his death has been found to have been caused by haemorrhage and shock due to head injury. The deceased should be held to have definitely contributed to his death by not wearing protective headgear while riding a motorcycle on a public road."

Shaikh is survived by his wife, mother and a five-year-old son, all of whom filed the application before the tribunal in November 2009. The family alleged that on August 28, 2009, at about 6.15am when Shaikh was riding his bike at Vikhroli, he was hit by the cab, which the family claimed was driven negligently and was speeding. A case was registered against the driver with the Vikhroli police. The family said Shaikh worked at an amusement park at Thane and earned a monthly salary of Rs 8,000.

The insurance company submitted that it was not liable to pay the amount as Shaikh had brought upon the accident himself, as he halted without giving any signal or any indication. It alleged that he gave virtually no chance to the driver of the cab to maneuver the vehicle to avert the impact.

The tribunal however, relied on the statement of the witness who had found Shaikh lying injured by the side of his motorcycle. The witness said the bike was badly damaged at both ends and the cab was damaged in the front. The tribunal observed that the FIR clearly pointed to rash and negligent driving on the part of the cab driver. "I must, therefore, hold that the accident in question was caused on account of the rash and negligent driving of the offending motor taxi and non-wearing of protective headgear by the deceased in breach of the provision of the Motor Vehicles Act," the tribunal said.

Article referred: http://timesofindia.indiatimes.com/city/mumbai/Tribunal-halves-compensation-to-kin-as-biker-killed-in-mishap-wasnt-wearing-helmet/articleshow/40310481.cms

Comments

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...