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Non wearing of helmet at the time of accident does not amount to ‘contributory negligence’

A Division Bench of Kerala High Court comprising of Justice P.R.Ramachandra Menon and Justice Anil.K Narendran in P.J. Jose & Ors. v. Vanchankal Niyas & Ors [M.A.C.A.No. 2482 of 2009] has held that an accident arising out of non wearing of helmet does not lead to an inference to the case of contributory negligence on the part of the person causing accident, so as to limit his claims arising out of such accident. The deceased, who was a student in Coimbatore met with an accident on 11/05/2007, while travelling in his motor cycle. The accident occurred due to the collision of the motor cycle driven by the deceased with a jeep owned, driven, and insured by respondents 1 to 3 respectively. The deceased died due to the fatal injuries arising out of the accident on the same date. In the claim filed before the tribunal by his legal heirs, his claim was limited by the tribunal due to the fact that he had not put on a helmet at the time of accident and this would result in contributory negligence on the part of the deceased. Aggrieved by the order of the tribunal in limiting the claim, the legal heirs of the deceased had approached the High Court seeking enhancement.

Article referred: http://www.livelaw.in/non-wearing-of-helmet-at-the-time-of-accident-does-not-amount-to-contributory-negligence-kerala-hc/

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