Madras HC Cuts Compensation in Motorcycle Accident Case Involving Girlfriend on Pillion
Court fixed 19-year-old motorcyclist who died in a head-on collision accident 25% liable for negligent driving and reduced compensation payable to his parents.
While reducing compensation awarded to the parents of a motorcyclist killed in a head-on collision, the Madras High Court recently said the deceased rider was contributorily negligent as his girlfriend was riding pillion. When the accident happened, he may have become “exuberant” because she was sitting on the bike, it added.
A bench of Justices GR Swaminathan and MD Sumathi also said the deceased did not possess a license to drive two-wheelers and was riding on the wrong side of the road when the accident occurred.
“The deceased was a young man aged about 19 years. His girlfriend was sitting in the pillion. Any rider is bound to be exuberant when his girlfriend is sitting in the pillion. The two wheeler was going from West to East,” the bench said in its order.
Gopal was riding the two-wheeler when it collided head-on with a van on May 10, 2018 at about 00:15 hours. He died at the scene of the accident, while Rajeshwari sustained injuries.
Gopal’s parents later filed a claim petition seeking ₹30 lakh as compensation. The Motor Accident Claims Tribunal at Theni awarded them ₹25.54 lakh with interest.
The insurance company which insured the van, Cholamandalam MS General Insurance Company challenged the award before the High Court. It contended that Gopal too was negligent and the compensation needed to be reduced.
The High Court said it was relying on the rough sketch of the accident spot. It showed that the van was on the correct side of the road while Gopal’s motorcycle was on the wrong side.
“Contributory negligence is fast catching up as a defence in motor accidents cases. We need not delve deep into this aspect for deciding the present appeal,” the bench added.
“We are only of the view that both met with an accident due to each other’s negligence. Had the deceased not been driving rashly and negligently on the wrong side, the accident would not have occurred,” the court held.
The bench fixed 25% contributory negligence on Gopal and reduced the compensation awarded to his parents.
Highlights of the Judgment:
- The accident took place shortly after midnight on May 10, 2018 on the Veerapandi- Vayalpatty Road.
- Gopal was riding a two-wheeler when it hit head on into a van. He died on the spot and the pillion rider, Rajeshwari was injured.
- Gopal’s parents later claimed ₹30 lakh as compensation.
- Motor Accident Claims Tribunal at Theni awarded ₹25.54 lakh with interest to the parents of the deceased.
- Insurance company for the van Cholamandalam MS General Insurance Company filed a writ appeal before the High Court.
- The insurance company said that Gopal was also at fault and therefore compensation should be reduced.
- The Court fixed 25% contributory negligence on the deceased and reduced the compensation
Click here to read the judgment
Source: Advocates Monthly
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