Rider loses ₹6L in insurance for not wearing helmet
TIMES NEWS NETWORK
Madurai:29.05.2019
Not wearing helmet as a pillion rider has meant a loss of ₹6 lakh for a 27-year-old man who survived a two-wheeler accident with serious head injuries in 2013.
The Motor Accidents Claims Tribunal, Madurai, after computing all factors had arrived at an award of ₹45.5 lakh to the victim. However, the tribunal reduced the compensation by ₹6 lakh and directed the insurance firm to pay him ₹39.5 lakh, holding the petitioner responsible for not wearing a helmet.
The solace to the petitioner, M Vigneshwaran, is that he had sought a compensation of ₹40 lakh.
He was grievously injured after the two-wheeler he was riding pillion on collided with another bike near Avaniyapuram bypass road in Madurai in 2013.
Vigneshwaran was working as a junior technician in an engineering works company in Ambattur Industrial Estate, Chennai.
On January 16, 2013, he was riding pillion with a friend who had crossed the road to reach the fuel station when a bike coming in the opposite direction collided with their two-wheeler, according to the petition.
The petitioner suffered injuries to the brain, apart from external injuries all over and was treated as an inpatient at a private hospital in Madurai for three months.
He also underwent treatment at a hospital in Kerala and has been undergoing physiotherapy.
The insurer of the other two-wheeler contended that it was the petitioner and his friend who were responsible for the accident. “They swerved without proper signalling, taking the motorist by surprise,” the insurance firm submitted.
The tribunal judge, P Thangavel after perusing the submissions made held that the grievous injuries to the petitioner were to his head and him not wearing a helmet at the time of accident was an important reason for them. Citing a previous Madras high court judgment, the tribunal judge held that 15% of negligence should be fixed on the petitioner for not wearing a helmet.
TIMES NEWS NETWORK
Madurai:29.05.2019
Not wearing helmet as a pillion rider has meant a loss of ₹6 lakh for a 27-year-old man who survived a two-wheeler accident with serious head injuries in 2013.
The Motor Accidents Claims Tribunal, Madurai, after computing all factors had arrived at an award of ₹45.5 lakh to the victim. However, the tribunal reduced the compensation by ₹6 lakh and directed the insurance firm to pay him ₹39.5 lakh, holding the petitioner responsible for not wearing a helmet.
The solace to the petitioner, M Vigneshwaran, is that he had sought a compensation of ₹40 lakh.
He was grievously injured after the two-wheeler he was riding pillion on collided with another bike near Avaniyapuram bypass road in Madurai in 2013.
Vigneshwaran was working as a junior technician in an engineering works company in Ambattur Industrial Estate, Chennai.
On January 16, 2013, he was riding pillion with a friend who had crossed the road to reach the fuel station when a bike coming in the opposite direction collided with their two-wheeler, according to the petition.
The petitioner suffered injuries to the brain, apart from external injuries all over and was treated as an inpatient at a private hospital in Madurai for three months.
He also underwent treatment at a hospital in Kerala and has been undergoing physiotherapy.
The insurer of the other two-wheeler contended that it was the petitioner and his friend who were responsible for the accident. “They swerved without proper signalling, taking the motorist by surprise,” the insurance firm submitted.
The tribunal judge, P Thangavel after perusing the submissions made held that the grievous injuries to the petitioner were to his head and him not wearing a helmet at the time of accident was an important reason for them. Citing a previous Madras high court judgment, the tribunal judge held that 15% of negligence should be fixed on the petitioner for not wearing a helmet.
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