Daijiworld Media Network - Bengaluru
Bengaluru, Oct 20: In a significant ruling that underscores the legal consequences of road safety violations, the Karnataka High Court has reduced a compensation amount by Rs 7.85 lac, holding a deceased biker partly responsible for his own death due to riding without a helmet.
The court observed that Avinash (23), a resident of Chikkandavadi village in Holalkere taluk, Chitradurga district, who died in a road accident in 2019, had contributed to the fatal outcome through his own negligence. Although the Motor Accident Claims Tribunal (MACT) had awarded Rs 18.03 lac in compensation to his family, the High Court revised the amount to Rs 11.78 lac, citing 40% contributory negligence on the part of the rider.
The accident occurred around 8:50 pm when Avinash was travelling by motorcycle from Hireguntanur to Adanur. Near Chikkajajur village, a tractor-trailer ahead of him reportedly braked suddenly without warning, causing his bike to crash into the rear of the trailer. Though he was rushed to hospital, he succumbed to his injuries en route. His father, Basarajappa, filed a claim with the MACT seeking compensation.
The tribunal found the tractor driver primarily at fault and directed the National Insurance Company, which insured the vehicle, to pay the amount along with 6% annual interest. The insurer appealed to the High Court in 2021, contesting both the quantum and liability, while Avinash’s mother filed a separate appeal seeking enhancement.
Delivering the verdict, the High Court bench led by Justice D K Singh noted: “The deceased was not wearing a helmet and was speeding. His negligence directly contributed to the severity of the accident and resulting fatality.” The bench concluded that 60% of the fault lay with the tractor driver, while 40% was attributable to Avinash.
Based on Avinash’s age, income, the financial dependency of his family, funeral costs, and potential future earnings, the court assessed a total compensation of Rs 19,64,400. Applying the 40% deduction, the revised amount stood at Rs 11,78,640, which the court ordered to be paid within six weeks, along with 6% interest per annum.
The incident highlights growing judicial emphasis on personal responsibility in road safety, particularly the use of helmets, which remains legally mandatory but is often overlooked.