Compensation cut by 15% as riders fail to wear helmet

CHENNAI: The compensation awarded to two people who suffered grievous injuries after their bike was involved in an accident, was deducted 15% by the city motor accident claims tribunal after it was proved that they were not wearing helmets at the time of the mishap.

J Ramesh Kumar and S Anbu of Chennai had moved the tribunal seeking compensation of Rs 10 lakh for the injuries sustained by them in an accident on Bharathi Salai on July 17, 2016.

According to their petition, a speeding SUV collided head-on into their two-wheeler. Both of them were treated as in-patients for more than a month and had suffered fractures.

In response, the insurer of the SUV contended that both were under the influence of alcohol, citing the AR (accident register) report and argued that the bikers were responsible for the accident.

The tribunal, after perusing the submissions noted that the insurer did not submit any documentary evidence to back up their claims and that the accident victims provided hospital bills and police records to prove their case.

However, during cross examination, both Ramesh Kumar and Anbu admitted to not wearing helmets, after which the Tribunal judge JK Dhilip imposed a 15 % contributory negligence on the victims. Ramesh Kumar was working as a ‘courier’ delivery boy for a private firm while Arun was a casual labourer.

Ramesh underwent surgery on his right leg and was treated as an in-patient for 83 days. Arun was treated in a government hospital for 47 days for his injuries.

Considering the nature of injuries, medical expenses, loss of income and other factors, the tribunal held that the rider, Ramesh Kumar is eligible for a compensation of Rs 6.46 lakh.

After deducting 15 % (Rs 96,000) as contributory negligence, the tribunal directed the insurance firm to pay Rs 5.49 lakh to Ramesh Kumar.

For the pillion rider, Arun, Rs 21,000 was deducted from his total compensation and he was awarded Rs1.2 lakh compensation.