Pillion rider cannot be denied compensation citing vehicle rider’s negligence: Kerala High Court
The Kerala High Court recently held that a motor accident claim could not be denied to a pillion rider by citing negligence on the part
The Kerala High Court recently held that a motor accident claim could not be denied to a pillion rider by citing negligence on the part of the vehicle’s rider. The Single Bench of Justice Anil K. Narendran was considering a petition by a person who had sustained injuries in a road accident in 2004 when a two-wheeler was hit by a stage carrier. After reviewing the evidence on record, the court found that the driver of the carriage had been charged with negligent driving, while there was no material to prove negligence on the part of the two-wheeler rider.
The petitioner had claimed that the compensation awarded to him was not reasonable and required enhancement. His contentions were opposed by the insurance company, arguing that he was not entitled to increased compensation. The court held that the Motor Accident Claims Tribunal, Ernakulam, had "committed a grave error" in drawing an adverse inference against the petitioner by relying on the scene mahazar and inspection report of the accident and not the evidence.
The court observed that the tribunal had not adequately calculated his compensation and increased the amount awarded to the petitioner to ₹57,922 and an additional amount of ₹28,961, with interest. The compensatory amount under other categories such as loss of monthly income, medical treatment expenses, and damage to clothing was also enhanced. The court observed that the claim before the tribunal was neither a criminal case nor a civil case, and that in such cases the standard of proof is much lower.
The principle of contributory negligence mandates a specific inquiry into the conduct of the petitioner and how his negligence might have contributed to the accident.
The BriefWire