HC: Can’t cut compensation for not wearing helmet if injuries multiple

Chennai, Apr 24, 2024

In case of road accident deaths due to multiple injuries, non-wearing of helmet cannot be treated as negligence by the victim and the compensation cannot be cut or denied, Madras high court has ruled.

Justice N Anand Venkatesh reversed an order passed by a motor accident claims tribunal slashing compensation for the family of a victim on the ground of ‘contributory negligence.’

The issue pertains to an appeal moved by an insurance company against an order passed by a Erode motor accident claims tribunal granting compensation to the family of a 21-year-old student who was killed in a road accident in 2010.

The tribunal cited the ‘contributory negligence’ on the part of the victim as he was not wearing a helmet at the time of the accident. It then deducted a substantial amount from the compensation ordered. Refusing to concur with the findings of the tribunal, the high court said the postmortem report had listed several injuries to have caused the death.

“It is, therefore, evident from the report and the final opinion of the doctor that the head injury was not the sole cause of the death. When that is the case non-wearing of helmet cannot be put against the deceased and contributory negligence cannot be attributed,” the judge said.

In view of the same, this court is inclined to fix the entire negligence on the driver of the bus and the tribunal’s order is hereby set aside, the judge added.

This apart, the court pointed out that 40% of the notional income must be added towards future prospects and ordered that the monthly income of the engineering student must be considered to be 16,800 a month as against 12,000 fixed by the tribunal. The court also granted 1.2 lakh for loss of love and affection towards the family.

[The Times of India]