Chennai: Holding a victim of motor accident (claimant) guilty of contributory negligence for not wearing helmetwhile riding a two-wheeler, the Madras high court has reduced Rs 50,000 from the total compensation of Rs 35.50 lakh awarded to him by the tribunal.
Passing orders on an appeal from National Insurance Company against the tribunal’s compensation, a Division Bench comprising Justices R. Sudhakar and S. Vaidyanathan said, “This court, without interfering with the compensation awarded by the Motor Accident Claims Tribunal under each head, by reducing Rs 50,000 from the total compensation for the contributory negligence of the claimant and also for violation of Motor Vehicles Rules in respect of not wearing the helmet while riding two wheeler, modifies the compensation to Rs 35 lakh from Rs 35.50 lakh”.
