Failure to wear helmet reduces compensation to accident victim

The Madras High Court while disposing a Civil Miscellaneous Appeal filed by the National Insurance Company reduced the compensation amount from Rs 35.50 Lakh to Rs 35 Lakh, holding the victim responsible for contributory negligence and violating the Motor Vehicle Rules by not wearing a helmet. 

A division bench comprising Justice R Sudhakar and Justice S Vaidyanathan in its order held “We are of the view that the failure of the victim to wear a helmet had resulted in such grievous injuries. On such reasoning, we are inclined to interfere with the award of the Tribunal and reduce a sum of Rs 50,000/- from the total compensation granted to the victim.” 

As per the case, Mani Raj, riding a two-wheeler was hit by a car on November 16, 2007 while crossing the GST Road from Chitlapakkam Main Road. He suffered grievous head injuries and is now in a vegetative state. 

The Tribunal, based on the evidence that the victim suffered total and permanent disability, granted a compensation of Rs 35.50 lakh. The insurance firm attributed contributory negligence on part of Mani Raj for not wearing a helmet at the time of the accident, sought the High Court to reduce the compensation awarded by the tribunal.