Court rules mere carrying of two pillion riders on a motorcycle does not constitute contributory negligence without evidence, enhances compensation by over Rs. 2.39 lakh.
In a landmark decision, the Kerala High Court has enhanced the compensation awarded in a motor accident claim while overturning a tribunal's finding of contributory negligence due to the carrying of two pillion riders on a motorcycle. The judgment, delivered by Justice Jobin Sebastian, underscores the necessity of evidence to support claims of contributory negligence and aims to ensure just compensation for accident victims.
The case arose from an accident on September 3, 2011, involving petitioner Bineesh, who was riding a motorcycle with two pillion riders when a jeep, driven negligently by Mathew Joseph, collided with them. The Motor Accidents Claims Tribunal, Thrissur, initially awarded Bineesh a compensation of Rs. 1,84,800, but reduced it by 20% citing contributory negligence due to the extra pillion riders. This deduction left Bineesh with Rs. 1,47,840, prompting him to appeal.
The High Court, in its judgment, criticized the Tribunal's approach, stating that the mere carrying of two pillion riders cannot be presumed as contributory negligence unless there is definitive evidence that such an act contributed to the accident. The Court referenced previous rulings, including those by the Supreme Court, to emphasize that the burden of proof lies with the insurer or respondent to show that the presence of additional pillion riders directly contributed to the accident. In the absence of such evidence, Justice Sebastian declared the Tribunal's deduction as arbitrary.
Furthermore, the Court found the initial compensation assessment flawed, particularly in the evaluation of Bineesh's income and permanent disability. It rectified the notional monthly income to Rs. 8,000, in line with the Supreme Court's precedent in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd., and accepted a permanent disability assessment of 13% based on medical evidence, rather than the tribunal's arbitrary reduction to 10%.
The decision results in an enhanced compensation of Rs. 2,39,840, with interest, to be paid by the insurance company, adding to the original award. The High Court's ruling not only ensures fair compensation for Bineesh but also reinforces the need for concrete evidence in attributing contributory negligence.
The insurance company has been directed to deposit the enhanced amount with interest in three months, affirming the court's commitment to expedite justice in motor accident claims.
Bottom Line:
Motor Accident Claims - Enhancement of compensation awarded by the Tribunal - Mere carrying of two pillion riders on a motorcycle does not constitute contributory negligence unless it is proven that such carrying contributed to the accident.
Statutory provision(s): Motor Vehicles Act, Sections 279, 337, 338 IPC
Bineesh v. Mathew Joseph, (Kerala) : Law Finder Doc Id # 2841189
