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Compensation reduced for not wearing helmet

In an effort to make two-wheeler riders obey the compulsory helmet rule, the Madras High Court has reduced the compensation awarded to a victim of motor vehicle accident by Rs. 50,000 for contributory negligence on his part by not wearing a helmet.

A Division Bench of R. Sudhakar and S. Vaidyanathan made the rare order on a cross objection moved by the victim Mani Raj and an appeal moved by the National Insurance Company against the order of Motor Accident Claims Tribunal (Additional District Judge) Fast Track Court No.I, Poonamallee dated November 17, 2011. The issue pertains to an accident in which Mani Raj was hit by a speeding car on Chitlapakkam main road on November 16, 2007. He was grievously injured in the accident and was bed-ridden, in a vegetative state till 2012.

 Article referred: http://www.thehindu.com/news/cities/chennai/hc-reduces-compensation-for-not-wearing-helmet/article8379171.ece

Comments

  1. Unknown3 April 2016 at 22:27

    not wearing a helmet is not a contributory negligence as observed by courts, and M V act not dealt hence a penalise as a traffic offence but insurance companies can't be exonerated from liability.

    ReplyDelete
  2. Unknown3 April 2016 at 22:29

    not wearing a helmet is not a contributory negligence as observed by courts, and M V act not dealt hence a penalise as a traffic offence but insurance companies can't be exonerated from liability.

    ReplyDelete
  3. Somdutt Bose3 April 2016 at 23:12

    Contributory negligence, vicarious liabilities are difficult issues here as India is not too strong on tort laws. Liability of insurance companies stays but the compensation was reduced.

    ReplyDelete

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