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DEVAN RAMACHANDRAN
Reliance General Insurance Co. Ltd. – Appellant
Versus
Soumya, D/o. Mohanan – Respondent
JUDGMENT :
A very interesting contention is impelled by the appellant, which is an Insurance Company, that since the deceased was not wearing a helmet while riding his two wheeler, he should be deemed to have contributed to the accident.
2. I must upfront say that this Court is not enamoured with the afore contention and will presently state the reasons for saying so, after the most essential facts are recorded.
3. This appeal, by the Reliance General Insurance Company Ltd., has been filed against the Award of the Motor Accidents Claims Tribunal, Thrissur (‘Tribunal’ for short) in O.P(MV)No.180 of 2018.
4. Going by the constitutive facts involved, late Biju was riding his motor cycle along the Wadakanchery – Trissur Road, when he was knocked down by the offending car driven in a rash and negligent manner. Biju unfortunately died, succumbing to the injuries; and his legal heirs -the respondents herein -filed the afore Original Petition, seeking compensation to an extent of Rs.48,87,800/-, which has been awarded by the Tribunal to a sum of Rs.38,60,000/- .
5. The appellant -Insurance Company alleges that the compensation awarded by the learned Tribunal under the head ‘Loss of Dependency’
While evaluating and adjudging contributory negligence, in such scenario, is only whether accident occurred on account of any negligence on part of deceased.
Mere violation of safety regulations does not constitute contributory negligence unless shown to directly correlate with the accident's occurrence.
Contributory negligence established under Section 129 of the Motor Vehicles Act regarding failure to wear a helmet.
Non-wearing of a helmet does not automatically result in contributory negligence unless a direct causal link between the violation and the accident is established.
Non-wearing of a helmet does not constitute contributory negligence unless evidence proves it directly contributed to the accident-related injury or fatality, and the 'pay and recover' principle rema....
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