HC: don’t attribute contributory negligence for not wearing helmet
The Hindu
Court sets aside Tirur MACT order on deducting compensation
The Kerala High Court has held that a Motor Accident Claims Tribunal (MACT) cannot attribute contributory negligence to a deceased or the injured two-wheeler riders and deduct compensation on that count, simply because the rider did not wear a helmet at the time of the accident. Justice P.V. Kunhikrishnan made the observation while disposing of an appeal filed against the Tirur Motor Accident Claims Tribunal order deducting a certain amount from the compensation awarded to the legal heirs of the deceased pillion rider on contributory negligence grounds.
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