KOCHI: Non-wearing of helmet cannot be the reason for fixing negligence on the part of a motorcycle rider in the event of an accident, the Kerala High Court has held. While not wearing a helmet is an offence under Motor Vehicles Act, it cannot be the basis for fixing negligence on the part of the rider, a division bench comprising justices PR Ramachandra Menon and Anil K Narendran held. The court considered an appeal filed by PJ Jose of Vadakkekkaran in Kottayam seeking enhancement of the compensation of Rs4.76 lakh as the compensation for the death of his son when the motorcycle he was riding collided with a jeep on May 11, 2007. A motor accident tribunal had fixed 25 per cent contributory negligence on the part of the rider citing non-wearing of helmet. Ruling against such fixing of negligence, the judgment authored by justice Ramachandra Menon said, "We find it difficult to agree with the proposition that non-wearing of 'Helmet', though an offence under the relevant...