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New Delhi. If someone does not wear a helmet while riding a bike and meets with an accident, then the insurance company reduces the amount of claim given to the customer. The insurance companies argue that the bike rider was not wearing a helmet, so his claim is being reduced. However, now the insurance companies will not be able to do this.
In fact, the Karnataka High Court has ruled that if the bike rider is not at fault for the accident, then the insurance company cannot reduce the claim amount given to the injured bike rider due to not wearing a helmet.
Karnataka High Court gave order
In a case of low claim in a bike accident, the Karnataka High Court said, “Wearing a helmet is important for safety, but it should not be the sole criterion for reducing the compensation. The concept of contributory negligence in motor vehicle accidents arises only when the injured party’s own negligence contributes to the accident.”
What is the matter?
Sadath Ali Khan of Ramnagar district’s bike collided with a speeding car on March 5, 2016. His motorcycle was badly damaged and Khan also suffered several injuries. Khan approached the Motor Accident Claims Tribunal seeking insurance claims after spending Rs 10 lakh on his treatment.
However, the tribunal in its order dated September 24, 2020 awarded him Rs 5.6 lakh as compensation, stating that the claimant was not wearing a helmet at the time of the accident. Khan challenged the order in the high court, arguing that after the accident he was unable to continue his job of Rs 35,000 per month. The court awarded Khan the enhanced compensation of Rs 6,80,200 payable by the insurer of the car involved in the accident.
Tag: auto news, Bike News, Car Bike News
first published : August 16, 2024, 09:08 IST
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