Not using helmet while riding should not reduce accident compensation: Karnataka HC

In a recent judgment, the Karnataka High Court highlighted that while the failure to wear a helmet, as mandated by Section 129(a) of the Motor Vehicles Act, amounts to contributory negligence, it should not significantly reduce the compensation awarded to a claimant.

A division bench of Justices K. Somashekar and Chillakur Sumalatha observed this while hearing an appeal from Sadath Ali Khan, a resident of Channapatna in Ramanagara district. Khan had suffered multiple injuries in an accident on March 5, 2016, in Vaderahalli village, when a speeding car collided with his motorcycle as he was traveling towards Mysuru.

The Motor Accident Claims Tribunal, Ramanagara, had awarded Khan Rs 5.6 lakh in compensation in its September 24, 2020 order, noting that he wasn’t wearing a helmet during the accident. Khan, who claimed he spent Rs 10 lakh on medical expenses and had been earning Rs 35,000 a month before the accident, challenged the tribunal’s order, arguing that he lost his ability to earn due to the injuries.

Balwadkar

The court emphasized that the focus should be on the respondent’s negligence in causing the accident, rather than solely on the injured party’s failure to wear protective headgear. They further stated that while wearing a helmet is vital for safety, it shouldn’t disproportionately affect the compensation.

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The court also mentioned that under Section 129(a), failing to wear a helmet carries a fine of Rs 1,000 or a three-month suspension of the driving license, which is a relatively minor penalty. Therefore, reducing the insurance claim amount by 10-15% for not wearing a helmet was deemed unjust by the bench. Additionally, the concept of contributory negligence applies when the injured party’s own negligence contributes to the accident or the severity of their injuries, leading to a potential reduction in the compensation proportional to the degree of fault.

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