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Kerala HC says motor accident compensation can’t be reduced just because helmet wasn’t worn

Team SoOLEGAL 19 Apr 2021 3:07pm

Kerala HC says motor accident compensation can’t be reduced just because helmet wasn’t worn

Kerala High Court while hearing an appeal against the order of the Motor Accidents Claims Tribunal had faced with an interesting question which was, whether the Tribunal could reduce the compensation amount payable on a motor cycle accident if the deceased was riding the bike without wearing a helmet. Although, allowing the family of a deceased person in a motorcycle accident to seek compensation under the principle of contributory negligence, the Tribunal noted that the deceased was not wearing a helmet at the time of the accident. As the deceased was not wearing a helmet hence, the Bench had reduced the compensation amount.

As a result, the family of the deceased had filed an application against the order of the Tribunal to the Kerala High Court. Referring to Section 129 of the Motor Vehicles Act, 1988, which made failure to wear a helmet an offense, the Court had emphasized the importance of establishing a connection between the infringement of the helmet law and the accident or the effects of the accident in order for the concept of contributory negligence to apply.

The Court had referred to a case Mohammed Siddique Vs. National Insurance Company Limited[1], in which the Supreme Court had held that, just because there was a violation of Section 129 of the Motor Vehicles Act, 1988, by a victim in an accident, it cannot be presumed that there is a contributory negligence on the part of the victim who was not wearing a helmet.

The Court had directed the authorities to see that Section 129 of the said Act is being maintained properly and the compensation which was allowed by the Tribunal was modified by the High Court.



Tagged: Kerala HC   Motor Accidents Claims   motor cycle accident   Motor Vehicles Act   Supreme Court   Section 129  
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