In a recent ruling, the High Court of Karnataka clarified that not wearing a helmet does not automatically disqualify a claimant from receiving compensation. This judgement, delivered by a division bench comprising Justice K Somashekar and Justice Chillakur Sumalatha, addressed the appeal of Sadath Ali Khan, who was involved in a road accident on March 5, 2016.
Khan, who was not wearing a helmet at the time of the accident, sustained significant injuries when his motorcycle was hit by a car on Bengaluru-Mysuru Road. He had sought compensation from the Motor Accident Claims Tribunal, claiming Rs 10 lakh for medical expenses and lost income. The tribunal initially awarded Rs 5.61 lakh, citing his failure to wear a helmet as a contributing factor.
Khan appealed the decision, arguing that he had lost Rs 35,000 per month from his work in wooden toy manufacturing. The High Court acknowledged that while Section 129(a) of the Motor Vehicles Act mandates helmet use, it does not automatically bar compensation. The court ruled that compensation should reflect the extent of negligence and overall circumstances of the accident.
The bench awarded Rs 6,80,200 as enhanced compensation, emphasizing that the focus should be on the respondent’s negligence in causing the accident. The court noted that while helmet use is important, it should not solely influence the compensation awarded.
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