Latest


Bengaluru: Insurance only if victim wears ISI-helmet - High Court

  •   Wed, Jan 10 2018 07:28:11 AM

Bengaluru, Jan 10 (DHNS): The Karnataka High Court has ordered that insurance companies should not compensate accident victims not wearing ISI helmets.

Justice L Narayanaswamy passed the order on an appeal by the Oriental Insurance Company challenging an order by a court in Madhugiri directing the company to compensate accident victims.

The high court held that motorists should wear helmets as prescribed under rule 230 of the Karnataka Motor Vehicles Rules. The court stated that a helmet should have ISI number (IS 4151:1993) mentioned on it.

Besides, the helmet should also contain the manufacture's name, year of manufacturing and size which should also be easy to read, the order stated.

A principal civil judge in Madhugiri in Pavagada taluk had directed the insurance company to pay a compensation of Rs 2.58 lakh to two persons who met with an accident in May 2014.

The insurance company had challenged the order and filed an appeal.
  

Top Stories

Comment on this article

  • Soumendra Mishra, Cumbum, Dist-Theni

    Sun, Jan 14 2018

    Now the time has come that the judiciary has to step in where and when Govt policy should have ensured long time ago. I request all fellow citizens to not to purchase cheap and unsafe helmets from roadside vendors.

    What this court ruling can be interpreted is that a minimum crash safety bar has been established in India for future. I request all fellow citizens to follow through this court ruling diligently and with a welcoming spirit, and to co-operate with police of the state so that their duty is eased, to ensure that the breadwinner of a family returns home safe and secure.

    DisAgree Agree Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangalore

    Fri, Jan 12 2018

    Why Police are allowing the sale of helmets on roadside vendors. They are not of ISI mark and standard. Let only genuine shops those who deal in ISI helmets be allowed to sell helmets. the street vendors should be booked.

    DisAgree Agree Reply Report Abuse

  • Satish Prabhu, Mangalore

    Fri, Jan 12 2018

    What about old helmets where the label has come off ? Also i see a lot of people wearing the helmet but not fastening the strap, why are they not stopped and fined as it is as good as not wearing a helmet.

    DisAgree Agree Reply Report Abuse

  • ruchir agarwal, mangalore

    Wed, Jan 10 2018

    I have helmets with an ISI mark. but i have yet to see one with the ISI number and manufacturers address. The consumer is confused

    DisAgree Agree [4] Reply Report Abuse

  • Samuel Sadanand, Balmatta/Kuwait

    Wed, Jan 10 2018

    Most of the helmets have ISI stamp and some of them duplicate.hows the consumer to know?

    DisAgree Agree [6] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Wed, Jan 10 2018

    Good decision to have better security to those drive the two wheelers

    DisAgree [2] Agree [2] Reply Report Abuse

  • Eric C, Mangalore/Amsterdam

    Wed, Jan 10 2018

    It is interesting to note that Helmet is not included in the list of products to be mandatorily certified as published by the bureau of Indian standards (BIS) . So judgment seems to be bad in law and any appeal can throw this judgment out of the window. It is a different matter if the government includes Helmet in the list. But, it is remote considering Helmet is not prevailing in many parts of the country.

    DisAgree Agree [4] Reply Report Abuse

  • Kiran D Souza, Mangalore

    Wed, Jan 10 2018

    Governments,Courts,Lawyers & Police are there only to harass public & make money. What the hell is this ISI mark? If there is ISI mark on the helmet & if it comes under the wheels, will it not smash? What type of logic is this?

    Why governments have to make money in such a way by harassing the public.
    By the way how much paid by the Isurance companies to Judges, Lawyers & the government.

    How much paid by the Helmet manufacturing companies to the courts to sell their product in the market.
    If we really had good courts, it should have advised the government to maintain good roads, good traffic maintaining techniques, maintain law & order in the state which is completely failed.

    Make a rule compulsory that when buying a 2 wheeler, the company should provide 2 ISI marked helmets along with the vehicle & put the same vehicle registration number of the vehicle on the helmets.

    DisAgree [1] Agree [9] Reply Report Abuse

  • Rajesh, dubai

    Wed, Jan 10 2018

    Make a rule compulsory that when buying a 2 wheeler, the company should provide 2 ISI marked helmets along with the vehicle & put the same vehicle registration number of the vehicle on the helmets... good one.
    In UAE ambulance service was free..... Now ambulance started charging dhs. 600/- dhs for ambulance if they attend any accident site. Insurance is compulsory in UAE. Now Insurance companies started increasing premium to cover the above ambulance charges. You think that two wheelar company will charge these helmet charges to the customer if they give 2 helmet of ISI marked?????

    DisAgree Agree [2] Reply Report Abuse

  • Sanjay, Hebri

    Wed, Jan 10 2018

    Courts nowadays are giving some Stunning decisions...this is another one.
    How can a person be deprived of insurance when he has paid premium?
    Helmet issue is a law and order matter, good sence would have prevailed if coutrs had instructed police to enforce the law without failure....Ridiculous judgement

    DisAgree [1] Agree [7] Reply Report Abuse

  • Ameet Jain, Bangalore

    Wed, Jan 10 2018

    In Bangalore people crash because of pathetic roads first then cos of no or poor helmet they die of head injury ..
    First the culprit is bad road result of poor governance which is never talked about ! Who will fine them ?

    DisAgree [1] Agree [10] Reply Report Abuse

  • sri_elder, Karkala

    Wed, Jan 10 2018

    All because tippu sultan government!

    DisAgree [4] Agree [5] Reply Report Abuse

  • sri_elder, Karkala

    Wed, Jan 10 2018

    As long as insurance premiums are paid, company should pay entire amount...
    For not wearing seatbelt and helmet, government need to pay fine when the person was alive....

    DisAgree [1] Agree [11] Reply Report Abuse

  • shan, dubai

    Wed, Jan 10 2018

    You are correct..... When we opened bank accounts there were no rules that it should be linked with Aadhar card. If the account is not linked by march 2018 than it will be freezed until you link the aadhar card. Government can change any thing for the security of people. Insurance companies can declare after taking supreme court order that no claim will be entertained for present and future policy holders that driving without helmet or seatbelt.

    DisAgree [1] Agree [9] Reply Report Abuse

  • Ramesh, dubai

    Wed, Jan 10 2018

    Make strict rule that two wheeler accident no claim if rider is not wearing helmet and car accident if the driver is not wearing seat belt insurance claim must not be entertained..... It will reduce serious casualties.

    DisAgree [3] Agree [8] Reply Report Abuse


Leave a Comment

Title: Bengaluru: Insurance only if victim wears ISI-helmet - High Court



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.

You might also like