Case Note & Summary
The present appeal was filed by The New India Assurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 123 of 2015. The claimants, Popat Jadhav and Shantabai Jadhav, parents of the deceased, had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of their son, who died in a motor vehicle accident. The deceased was a pillion rider on a motorcycle driven by Babasaheb Chide (respondent no.3). The accident occurred when the motorcycle hit a stationary truck. The Tribunal awarded compensation of Rs. 10,00,000/- with interest at 9% per annum, holding the insurance company liable to pay the entire amount. The insurance company appealed, contending that the deceased was guilty of contributory negligence as he was not wearing a helmet, which contributed to the fatal head injury. The court analyzed the evidence and found that the deceased, as a pillion rider, had a duty to wear a helmet under Rule 115 of the Central Motor Vehicles Rules, 1989. The court held that the deceased contributed to the accident to the extent of 50% and reduced the compensation accordingly. The court also held that the insurer's liability is limited to the extent of the owner's negligence, and since the deceased was also negligent, the insurer's liability is reduced proportionately. The appeal was partly allowed, and the compensation was reduced to Rs. 5,00,000/- with interest at 9% per annum from the date of petition till realization.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Pillion Rider - The deceased pillion rider was not wearing a helmet at the time of accident, which contributed to the fatal head injury. The court held that the pillion rider was guilty of contributory negligence to the extent of 50% and reduced the compensation accordingly. (Paras 10-15) B) Motor Vehicles Act - Liability of Insurer - Section 166 - The insurer is liable to pay compensation only to the extent of the owner's negligence. Since the deceased was also negligent, the insurer's liability is reduced proportionately. (Paras 16-18)
Issue of Consideration
Whether the deceased pillion rider was guilty of contributory negligence for not wearing a helmet, and whether the insurance company is liable to pay the entire compensation awarded by the Tribunal.
Final Decision
The appeal is partly allowed. The compensation awarded by the Tribunal is reduced from Rs. 10,00,000/- to Rs. 5,00,000/- with interest at 9% per annum from the date of petition till realization. The insurance company is liable to pay the reduced amount.
Law Points
- Contributory negligence
- Motor accident compensation
- Pillion rider
- Helmet
- Liability of insurer
- Section 166 Motor Vehicles Act
- 1988
