Kashish Jain
Kerala High Court has held that a Motor Accident Claims Tribunal cannot be allowed to attribute contributory negligence to a deceased or to injured two-wheeler riders.
They cannot deduct compensation on that account, simply because the rider failed to wear a helmet when the accident happened.
This observation was made by Justice P.V. Kunhikrishnan who did so while disposing of an appeal against the Tirur Motors Accident Claims Tribunal order wherein he deducted a considerable amount from the compensation awarded to the legal heirs of the deceased on the grounds of contributory negligence.
The Court, however, made it a point to add that this verdict in no way gave the riders liberty to drive without a helmet. It also pointed out that the authorities concerned must ensure that Section 129 of the Motor Vehicles Act is complied with.
There is no doubt that wearing a helmet is necessary and the pillion rider (the deceased) was in clear violation of Section 129.
However, the tribunal could not affix contributory negligence in such circumstances and the consequences of not wearing the helmet cannot be a reason for the vehicle being knocked down.
The Apex Court had observed that to attract contributory negligence there has to be the slightest of connection between violation and accident or even the whisper of the relation between violation and impacts of accident upon the victim.
The Court set aside the findings of the Tribunal about contributory negligence on the part of the deceased rider.