A view of the Karnataka High Court.
Credit: DH File Photo
While not wearing a helmet is a violation of the law, it does not automatically disqualify someone from receiving compensation, the High Court of Karnataka has said in a recent judgement.
A division bench comprising Justice K Somashekar and Justice Chillakur Sumalatha observed this while allowing the appeal filed by one Sadath Ali Khan.
Khan was involved in an accident on March 5, 2016, on Bengaluru-Mysuru Road. On reaching Vaderahalli village in Ramanagara taluk, his motorcycle was hit by a car from behind. He had sustained injuries on the head and other parts of the body.
Khan had moved the Motor Accident Claims Tribunal, Ramanagara, for compensation, stating that he had spent Rs 10 lakh towards his medical treatment and other incidental expenses.
On September 24, 2020, the tribunal awarded Rs 5.61 lakh as compensation while pointing out that the claimant was not wearing a helmet at the time of the accident. Challenging this order, Khan stated that he is involved in manufacturing of wooden toys and lost Rs 35,000 per month that he used to earn.
The division bench said that though the tribunal noted that claimant was not wearing a helmet and sustained injuries to vital parts of the body, still he is entitled for the compensation.
"The concept of contributory negligence in motor vehicle accidents occurs when the injured party's own negligence contributes to the accident's occurrence or the severity of their injuries. In such cases, the compensation awarded to the injured party may be reduced in proportion to their degree of fault. Section 129(a) of the Motor Vehicles Act, 1988, mandates the use of protective headgear while riding a motorcycle. While not wearing a helmet is a violation of the law, it does not automatically disqualify someone from receiving compensation,” the bench said, while awarding Rs 6,80,200 as enhanced compensation.
The court also said, "Courts have established that the primary focus in determining compensation remains on assessing the respondent's negligence in causing the accident and the overall circumstances. While wearing a helmet is crucial for safety, it should not be the sole factor in reducing compensation. The court 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."