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.
Based on oral and documentary evidence, the Motor Accident Tribunal awarded Rs. 35.50 lakhs compensation to the victim to be paid by the National Insurance Company, who was the insurer of the car that hit Mr. Mani Raj.
Claiming that the compensation was not adequate, the victim approached the High Court to enhance the award. Meanwhile, the insurer moved an appeal against the order to reduce the compensation contending that the accident occurred due to the negligence of the victim. “Mani Raj even failed to wear a helmet which is compulsory under law and hence he was guilty of contributory negligence,” the counsel for the insurer argued.
When the pleas came up for hearing, the Bench said, “From the nature of the accident that took place, we are of the view that only due to the failure on part of the victim to wear a helmet, he sustained such a grievous injury.”
“On such reasoning, we are inclined to interfere with the award of the tribunal and reduce Rs.50,000 from the total compensation granted to the victim,” the Bench added.
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.
Based on oral and documentary evidence, the Motor Accident Tribunal awarded Rs. 35.50 lakhs compensation to the victim to be paid by the National Insurance Company, who was the insurer of the car that hit Mr. Mani Raj.
Claiming that the compensation was not adequate, the victim approached the High Court to enhance the award. Meanwhile, the insurer moved an appeal against the order to reduce the compensation contending that the accident occurred due to the negligence of the victim. “Mani Raj even failed to wear a helmet which is compulsory under law and hence he was guilty of contributory negligence,” the counsel for the insurer argued.
When the pleas came up for hearing, the Bench said, “From the nature of the accident that took place, we are of the view that only due to the failure on part of the victim to wear a helmet, he sustained such a grievous injury.”
“On such reasoning, we are inclined to interfere with the award of the tribunal and reduce Rs.50,000 from the total compensation granted to the victim,” the Bench added.
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