Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Multiple persons riding on a motorcycle (more than the permissible limit) does not automatically absolve the rider or the vehicle owner from liability, especially if the negligence is composite or contributory. Riding pillion beyond legal limits, such as triple riding, may be relevant but is not solely determinative of fault unless it causes imbalance or directly contributes to the accident ["United India Insurance Company Ltd. VS Md Aksed Ali, S/o Md. Abed Ali - Gauhati"], ["Laba Kanta Mili VS New India Assurance Co. Ltd. - Gauhati"].
The primary cause of accidents involving motorcycles hit by trucks often involves rash or negligent driving by either the truck driver or the motorcycle rider. In several cases, the courts have found that accidents occurred due to the rash driving of the truck driver, while in others, the rider's negligent behavior, such as speeding or wrong-side driving, was emphasized ["UNITED INDIA INSURANCE CO. LTD. VS GULAM MOHAMMAD - Bombay"], ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"], ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"].
In incidents where the motorcycle was hit from behind by a truck, courts have considered whether the rider was riding on the correct side, whether they were violating traffic laws (e.g., riding on the wrong side), and whether the truck was driven rashly. The courts have held that if the rider was negligent (e.g., riding fast on the wrong side), the liability may be shared or even primarily attributed to the rider, but this does not necessarily negate the truck driver's fault if rash driving is established ["United India Insurance Company Ltd. VS Md Aksed Ali, S/o Md. Abed Ali - Gauhati"], ["DEEPA MILI vs BALU RAM GUPTA - Gauhati"].
Regarding the death claims allowed by the MACT, courts have recognized that accidents involving multiple persons on a motorcycle and trucks can be deemed compensable if negligence on the part of the driver (truck or motorcycle rider) is established. The courts have awarded compensation in cases where the accident was caused by rash driving, regardless of the number of pillion riders, provided the negligence is proven ["Rehmani Begum vs Krishan Pal - Delhi"], ["REHMANI BEGUM AND ORS. Vs KRISHAN PAL AND ORS. - Delhi"], ["United India Insurance Company Limited vs Rocky - Allahabad"].
The legal principle that riding more than two persons (tripling) on a motorcycle may be illegal and could influence the assessment of fault, but it does not automatically bar compensation claims if negligence by the driver or other parties is proven. The courts have clarified that contributory negligence must be demonstrated and that riding violation alone does not necessarily negate liability ["United India Insurance Company Ltd. VS Md Aksed Ali, S/o Md. Abed Ali - Gauhati"], ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"].
In summary, the courts have consistently held that:
References:- ["United India Insurance Company Ltd. VS Md Aksed Ali, S/o Md. Abed Ali - Gauhati"]- ["UNITED INDIA INSURANCE CO. LTD. VS GULAM MOHAMMAD - Bombay"]- ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"]- ["Rehmani Begum vs Krishan Pal - Delhi"]- ["REHMANI BEGUM AND ORS. Vs KRISHAN PAL AND ORS. - Delhi"]- ["United India Insurance Company Limited vs Rocky - Allahabad"]- ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"]- ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"]- ["BEERAPPA S/O GUDDAPPA BANAKAR Vs GORAVA KUMAR S/O SH. JAGANNATH SHARMA - Karnataka"]- ["THE RELIANCE GENERAL INSURANCE CO LTD vs SMTI SWARNALATA DAS and 4 ORS - Gauhati"]- ["Laba Kanta Mili VS New India Assurance Co. Ltd. - Gauhati"]
Road accidents involving motorcycles are tragically common, especially in India where overloading two-wheelers with more than two persons is a frequent sight. But what happens when a motorcycle carrying three or more people is hit by a truck, resulting in a fatality? Can the family of the deceased still claim compensation from the Motor Accidents Claims Tribunal (MACT)?
The question arises often: more than two persons riding on a motorcycle and hit by a truck due to death claim allowed by MACT? The answer, generally speaking, is yes—provided certain legal conditions are met. This blog post dives into the legal principles, key Supreme Court precedents, and supporting cases to clarify when such claims succeed.
The Motor Accidents Claims Tribunal (MACT) operates under the Motor Vehicles Act, 1988, to provide no-fault compensation for accidents arising out of the use of motor vehicles. Section 128 of the Act limits motorcycles to the driver plus one pillion rider, making triple (or more) riding a traffic violation. However, this violation alone does not bar compensation claims.
The core principle is causation: Did the overloading causally contribute to the accident or its severity? If the truck's rash and negligent driving was the primary cause—as is typical when hit from behind—no automatic contributory negligence applies. [
#MACTClaims #MotorcycleAccident #RoadSafetyLaw
on a motorcycle with two others (“tripling”) when hit by a car from behind, such pillion riding above the permissible limit not having casual connection with injury or accident – Held, fact that deceased was riding pillion on a motorcycle along with driver and another beyond the permissible limit, may ... However, in the case of composite negligence, a person who has suffered has not contributed to the accident but due to the outcome of combination o....
the claim on the ground available to the insured or to a person against whom a claim had been made. ... against against whom it is made or the person against whom the claim is made has failed to contest the claim. ... There was no reason for the learned MACT to disbelieve his testimony considering also the fact that on his version his father was riding the motorcycle with a helmet and in that situation it is quite understandable tha....
manner and hit the mini truck driven by the appellant due to and thereafter to the motorcycle which the claimant was riding against whom the claim is made has failed to contest the claim. ... He was not at fault and the accident was solely due to fault of the motorcycle rider.
Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on account of failure to prove the cause of action qua the driver of the truck was established and the claim was dismissed. ... Due to the hit to the MCD truck, deceased fell down on the road and sustained fatal injuries, he was taken to L.N.J.P. Hospital where he was declared brought dead. Thereafter, FIR, FIR No. 186/12 u....
Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on account of failure to prove the cause of action qua the driver of the truck was established and the claim was dismissed. ... Due to the hit to the MCD truck, deceased fell down on the road and sustained fatal injuries, he was taken to L.N.J.P. Hospital where he was declared brought dead. Thereafter, FIR, FIR No. 186/12 ....
Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on account of failure to prove the cause of action qua the driver of the truck was established and the claim was dismissed. ... Due to the hit to the MCD truck, deceased fell down on the road and sustained fatal injuries, he was taken to L.N.J.P. Hospital where he was declared brought dead. Thereafter, FIR, FIR No. 186/12 u....
In the present case also the truck hit the motorcycle from behind when the motorcycle was going ahead of the truck. ... There must be evidence that because of riding of three persons on the motorcycle the accident was caused due to imbalance or on tort act. ... accident, where the motorcycle was going M.V.Act,) on account of the death of their son. ... on the ground that there were three ....
Secondly, as per the medical records produced by the claimant at Ex.P17 it was mentioned as ‘bike skidded and hit by a truck, rider expired on spot and he was riding pillion’. ... Even in the medical records of St.John’s hospital, it is mentioned that bike skidded and hit the truck. The same is contrary to what is stated in the complaint. ... Even in the claim petition filed by the legal representatives of Chandra the Tribunal has given a finding that Mohan was #HL_S....
In this case due to two different Tribunals trying the claim petitions relating to one accident, a very anomalous situation has arisen. ... riding on that motorcycle; that at about 1:05 p.m. when the motorcycle reached on Tikkeri turn, Kandaghat, a truck having registration No.HP12-A-8591 driven by respondent No.1 – Karamjit allegedly in a rash and negligent manner by going ... The claim petition bearing No.MACT-268 d....
The deceased who was the owner-cum-driver of the motorcycle died when he hit against the stationary truck. The accident took place at about 8.30 P.M. The police has prosecuted driver of the stationary truck. ... But according to her she had heard that her husband by riding the motorcycle dashed against a stationary truck. Be that as it may, the offending vehicle was parked on the road which is not in dispute. ... The deceased by riding the ....
This rash and negligent act also contributed to the accident, hence, the finding of the Tribunal on the aforesaid count is vitiated as appropriate evidence has not been considered. It cannot be said that the truck alone was responsible rather the three persons on the motorcycle were also responsible as they were violating the traffic rules by three persons riding a motorcycle while only two persons are permitted and all three were riding on the motorcycle without wearing helmets. It has been urged that it was a categorical submission that three persons were riding the motor....
According to him, the offending truck overtook him and thereafter, hit the deceased, who at the relevant time was riding his motorcycle. The offending truck was running with utmost speed and was overloaded also, due to which, it skid and went extreme right side of the road and there, it hit the deceased. It is PW2 Ramesh Singh, who has stated about the accident. According to PW2 Ramesh Singh, the accident occurred at a bend.
Jai Parkash and others, [2014(6) Law Herald (P&H) 5314] : 2013(2) R.C.R. (Civil) 161. Perusal of the said authority shows that in that case, three persons were riding the motorcycle, which was hit by another motorcycle. In that case, the learned Single Bench of this Court observed as under:-
The same truck driver also hit two persons riding a motorcycle at Kale ki dhal. The police somehow managed to intercept the truck near Bhadrakali in the presence of the complainant.
Hence, regardless of the fact that the deceased was travelling with respondents No.1 and 2, triple riding' on the motorcycle, negligence could not be attributed to respondent No.1, the truck having come and hit the motorcycle. 8-A. As regards the question of liability of the appellant insurance company, he submitted that the vehicle having been duly insured, the first liability to pay the compensation was that of the insurer, after which the insurance company could recover the compensation amount from the insured, for violation of the terms and conditions of the policy. Fur....
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