Negligence of truck – non-wearing of helmet by motor cycle rider is insignificant

Judgment dated 17.7.2023 of the High Court of Bombay

Negligence of offending truck – non-wearing of head-gear by motor cycle rider (claimant) is insignificant

Compensation claim of Rs.1 crores – Accident of respondent no.1 – claimant, aged 21 years, on 8.10.2016 while driving on motorcycle dashed by the trust. Suffered multiple injuries and undergone multiple surgeries during hospitalization of four months at the expenses of Rs.25 lakhs. The claimant is not able to walk properly or sit with folded limbs. Loss of earning as also marriage prospects.

The Tribunal had awarded Rs.44 lakhs compensation. In appeal of the Insurer, HELD that once it is established that the claimant suffered injuries owing to the negligence of the offending vehicle, the defence that the claimant was not wearing head-guard would be insignificant. As a result, the challenge of the Insurer to the Award on the point of negligence and also compensation on other counts was negatived.

First Appeal NO.2761 of 2023 – Reliance General Insurance Co. Ltd. Vs. Ajay Sukdeo Patil and others