Failure to wear a helmet while riding a two-wheeler may not only lead to death but also denial of full compensation to family members. The Madras High Court has recently deducted ₹13.42 lakh from the compensation awarded to the widow, two minor children and an aged father of a motor accident victim solely because he was not wearing a helmet.
A Division Bench of Justices R. Subramanian and R. Sakthivel held that the family members were actually entitled to a total compensation of ₹89.49 lakh. However, since the deceased, an Army man, was not wearing helmet at time of the accident, the judges deducted 15% (₹13.42 lakh) from the compensation amount towards contributory negligence on the part of the victim.
Though the counsel for the claimants requested the court to not deduct any amount from the compensation, the judges refused to accept the plea. The insurance company was ordered to pay only ₹76.06 lakh, to the family of four, after the deduction. The widow would be entitled to ₹26.06 lakh, the minor children should get ₹22 lakh each and the aged father should be given ₹6 lakh, the judges said.
