Accident victim loses 10% of compensation for riding triples on bike
TIMES NEWS NETWORK
Chennai:30.10.2019
A two-wheeler accident victim from Chennai lost 10% of accident compensation for riding triple.
B Syed Ahmed, 44, a resident of Royapettah, was working as a delivery assistant at a courier company. In May 2013, he was riding as the second pillion with his friends Mohamed Sherif and Ajeez on a bike. A tractor, coming from the opposite direction and driven in a rash and negligent manner, turned without any signal and collided with the bike. In the accident, Syed suffered grievous injuries. He was treated for hip dislocation and was left partially-disabled permanently. He could not continue to work as a delivery assistant.
The Tiruvallur police filed a case against the tractor owner G Narayanasamy Naidu and its driver K Chidambaram -- of Magaral village in Tiruvallur district -- for causing the accident.
Syed approached the Motor Accident Tribunal seeking a compensation of ₹12 lakh from the offenders and the insurance firm associated with the case, National Insurance Company Limited.
The insurance firm said the driver of the tractor did not have a valid driving licence. The tribunal observed that ₹5.2 lakh can be given as compensation to Syed for pain and suffering, loss of earnings and medical expenses, but he too was negligent and rode triple.
“In a rural road, therefore, the balancing power of the rider of the two-wheeler is necessarily restricted... Therefore this tribunal is inclined to fix the contributory negligence on the part of the petitioner herein is as 10%,” judge D Sivakumar noted.
TIMES NEWS NETWORK
Chennai:30.10.2019
A two-wheeler accident victim from Chennai lost 10% of accident compensation for riding triple.
B Syed Ahmed, 44, a resident of Royapettah, was working as a delivery assistant at a courier company. In May 2013, he was riding as the second pillion with his friends Mohamed Sherif and Ajeez on a bike. A tractor, coming from the opposite direction and driven in a rash and negligent manner, turned without any signal and collided with the bike. In the accident, Syed suffered grievous injuries. He was treated for hip dislocation and was left partially-disabled permanently. He could not continue to work as a delivery assistant.
The Tiruvallur police filed a case against the tractor owner G Narayanasamy Naidu and its driver K Chidambaram -- of Magaral village in Tiruvallur district -- for causing the accident.
Syed approached the Motor Accident Tribunal seeking a compensation of ₹12 lakh from the offenders and the insurance firm associated with the case, National Insurance Company Limited.
The insurance firm said the driver of the tractor did not have a valid driving licence. The tribunal observed that ₹5.2 lakh can be given as compensation to Syed for pain and suffering, loss of earnings and medical expenses, but he too was negligent and rode triple.
“In a rural road, therefore, the balancing power of the rider of the two-wheeler is necessarily restricted... Therefore this tribunal is inclined to fix the contributory negligence on the part of the petitioner herein is as 10%,” judge D Sivakumar noted.
No comments:
Post a Comment