Chennai: Pointing out that when four persons travelled, definitely, the rider of the two-wheeler would not have had control over the handle bar and brake, the Madras high court has upheld an order of the Motor Accident Claims Tribunal, fixing 50 negligence on both the rider of the two- wheeler and driver of a car involved in an accident and awarding compensation to 2 persons, who were pillion riders among the four travelled in the motor cycle.
Dismissing the appeals filed by Ganeshan alias Ganesh, challenging the order of Motor Accident Claims Tribunal, Sathyamangalam, Justice V.M.Velumani confirmed the compensation of Rs 1.17 lakh and Rs 85,750 awarded by the tribunal.
The appellants filed petitions claiming Rs 10 lakh as compensation each for the injuries sustained by them in an accident that took place on September 26, 2010. The tribunal held that the accident occurred due to rash and negligent driving by both the rider of the motor cycle, in which the appellants travelled as pillion as well as the driver of the Indica Car and fixed 50 per cent negligence on both of them and awarded the above compensation. Aggrieved, the appellants filed the present appeals. Their counsel contended that in the absence of any evidence, the Tribunal erred in fixing 50 per cent contributory negligence on the part of the rider of the motor cycle in which the appellants travelled as pillion rider, without any basis, only on the ground that four persons traveled in the motor cycle at the time of accident.
Citing a 2003 judgment of a division bench, the judge said the division bench has taken a judicial note of the fact that when three persons travel in a two-wheeler, the rider of the two-wheeler will not have control over the handle bar and the brake. The rider of the motor cycle was almost sitting on the petrol tank when three persons travel in the motor cycle. This court also held that law enforcing agency must prevent the practice of three persons travelling in the two-wheeler. Even though the judgment was delivered in 2003, even in 2019 in most of the two-wheelers three persons travel and law enforcing agency has not taken any steps to prevent such statutory violation. This court held that upon three persons travel in two-wheelers, the rider will not have control over handle bar and brake, whereas in the present case, four persons travelled in the two-wheeler and definitely the rider of the motor cycle would not have had control over the handle bar and brake. Hence, there was no error in the award of the tribunal warranting interference by this court, the judge added....