• Helmet Usage and Its Impact on Claim - Main points and insights:
• The absence of a helmet at the time of the accident is considered contributory negligence, leading to a deduction in compensation. For example, in ["2022 Supreme(Online)(MAD) 42451"], the tribunal deducted 20% of the compensation amount because the deceased did not wear a helmet, and the deceased sustained serious head injuries.
• The claimants argued that the deceased's head injuries were severe, but the lack of helmet usage was a factor in reducing the awarded compensation ["2022 Supreme(Online)(MAD) 42451"].
• In ["2024 Supreme(Online)(Mad) 87157"], the fact that the deceased was waiting at the median and not riding the vehicle suggests helmet use was not directly relevant, but the case highlights that negligence related to helmet use can influence claim outcomes.

• The absence of helmet use can be deemed contributory negligence, affecting the quantum of compensation, but does not necessarily bar the claim entirely.

• Driving License and Its Effect on Claims - Main points and insights:

• The non-possession or invalidity of the driving license of the driver at the time of the accident is a significant defense used by insurers to contest claims. For instance, in ["2022 Supreme(Online)(MAD) 42451"], the deceased did not possess a valid license, leading to the respondent's prayer for dismissal of the claim.
• Several cases emphasize that driving without a valid license can absolve the insurance company from liability, as seen in ["2023 0 Supreme(Guj) 425"], ["

  United India Insurance Company Ltd. VS Belaben Harishkumar Gandhi - Consumer

  "], and ["2024 0 Supreme(Raj) 1591"]. The courts often hold that if the driver was not licensed, the insurer is not liable to indemnify the claim.
• Some judgments clarify that even if the driver was not possessing a license, the claim can still proceed if negligence is established independently, but the absence of a license remains a crucial factor in the insurer's defense ["2024 Supreme(Online)(Mad) 87157"], ["2024 0 Supreme(Gau) 1448"].

• The burden of proof lies with the claimant to establish that the driver held a valid license at the time of the accident; failure to do so often results in denial of the claim ["2024 0 Supreme(Gau) 355"].

• Analysis and Conclusion:

• The legal framework and case law consistently recognize that driving without a valid license and helmet use are critical factors influencing motor accident claims. While negligence in driving is central to establishing liability, the absence of a helmet primarily affects the quantum of compensation rather than its admissibility.
• Courts tend to deduct a percentage of compensation for contributory negligence such as helmet non-use but do not outright dismiss claims solely on this basis.
• Conversely, the lack of a valid driving license is a strong legal defense for insurers to deny claims, as it breaches statutory requirements and policy conditions.
• Therefore, in cases where the driver was unlicensed, or helmet was not worn, claimants may face reduced compensation or claim denial depending on the circumstances and evidence presented ["2022 Supreme(Online)(MAD) 42451"], ["2024 Supreme(Online)(Mad) 87157"], ["2023 0 Supreme(Guj) 425"].

References:- ["2022 Supreme(Online)(MAD) 42451"]- ["2024 Supreme(Online)(Mad) 87157"]- ["2023 0 Supreme(Guj) 425"]- ["

United India Insurance Company Ltd. VS Belaben Harishkumar Gandhi - Consumer