In the past, if a motorcyclist had been involved in an accident and wasn’t wearing a helmet, many insurance companies would reduce the amount of a claim and then argue the reason for the reduction was because the rider wasn’t wearing a helmet. That practice will now stop.
The High Court of Karnataka has held that if the motorcyclist is not at fault for the accident, the insurance company cannot reduce the claim amount just because the rider wasn’t wearing a helmet.
The Karnataka High Court has observed that ‘though the wearer of the helmet is indeed safe, the contributory negligence would apply only when the negligence of the injured person contributes to the accident’ while reducing the compensation awarded to the victim since he was not wearing a helmet at the time of the accident.
High Court raises compensation in helmet case
He died when his motorcycle collided with the over speeding car in Ramnagar district on 5 March 2016. The motorcycle was badly damaged, and he sustained several injuries. Khan spent ₹10 lakh on the treatment before applying for compensation in the Motor Accident Claims Tribunal.
It awarded him ₹5.6 lakh on September 24, 2020, because during the accident he was not wearing a helmet. Khan had moved the HC against this order claiming that since the accident he could not continue in his job which fetched him ₹35,000 per month. The court enhanced the compensation to ₹6,80,200 and ordered that it be paid by the insurer of the car in question.
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Fine and license suspension for non-compliance
According to the Motor Vehicle Act, the person on the rear seat of a two-wheeler must wear a helmet. With a High Court order, as part of a new rule, from September 1, the person sitting on the rear of two-wheelers will be mandated to wear a helmet in Visakhapatnam.
Violation of this rule will invite a fine of ₹1,035 besides suspension of license for three months. View. The decision has been taken to decrease the increasing number of accidents in the city. Only ISI-marked helmets would be valid.
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