In a recent judgement, Karnataka High Court underlined that not wearing a helmet does not disqualify an individual involved in a motor accident from receiving compensation while it is a violation of the law. This decision was led by a division bench comprising Justice K Somashekar and Justice Chillakur Sumalatha.
The judgement came in relation to an appeal filed by Sadath Ali Khan, a resident of Channapatna town, Ramanagara district, who was involved in an accident on March 5, 2016 on Bengaluru-Mysuru Road. Khan was riding a motorcycle towards Mysuru when a speeding car hit his two-wheeler from behind at Vaderahalli village in Ramanagara taluk.
Having sustained injuries, Khan moved the Motor Accident Claims Tribunal, Ramanagara, seeking compensation, mentioning that he had spent Rs 10 lakh towards his medical treatment and other incidental expenses.
On September 24, 2020, the Tribunal passed an order to award the claimant with Rs 5.61 lakh as compensation and cited that the claimant was not wearing a helmet at the time of the accident. However, Khan challenged this order and stated that he earned Rs 35000 a month but due to the accident had lost the ability to do so.
Consequently, the division bench at Karnataka HC noted that even though the claimant was not wearing a helmet, he is still entitled to suitable compensation. The Court ruled that the failure to wear protective headgear, as required by Section 129(a) of the Motor Vehicles Act, constitutes contributory negligence but should not drastically affect the compensation to be received by the claimant.
The Bench mentioned that, “Under Section 129 (a), the offence of not wearing protective headgear attracts a fine of Rs.1,000 or suspension of the driving licence for three months. Given this relatively minor penalty, reducing the insurance claim amount by 10%-15% for not wearing a protective headgear is unjust.”
The judgement ruled that the compensation should be determined by assessing the respondent’s negligence in causing the accident and not wearing a helmet should not be the sole criteria for reducing the quantum of compensation, even though it is crucial for safety.
“The concept of contributory negligence in motor vehicle accidents appears when the injured party’s own negligence contributes to the accident or the severity of injuries. In such cases, the compensation awarded to the injured party may be reduced in proportion to the degree of fault,” the bench further noted while awarding Rs 6,80,200 as enhanced compensation to the claimant.
Finally, the Court concluded by mentioning that it will evaluate the extent to which the claimant’s failure to wear a helmet contributed to their injuries and may reduce compensation proportionally if a contribution is found.
