No helmet worn, tribunal cuts compensation by half

However, the TNSTC Managing Director said the driver drove the bus cautiously.

CHENNAI: Three years after a 50-year-old businessman was killed in a bus accident, a Motor Accident Claims Tribunal directed the Tamil Nadu State Transport Corporation to pay a compensation of Rs 9.62 lakh to the family members of the deceased. However, the tribunal also decreased the compensation by 50 per cent since the deceased had not worn helmet during the time of the accident.

According to a petition submitted by P Suganthi, her husband V Prakasam, who was earning Rs 6.51 lakh a year, was travelling on the pillion of a motorcycle near Kanathur on September 7, 2016. Then, a TNSTC bus hit the two-wheeler killing Praskasam on the spot. Suganthi sought a compensation of Rs 1.25 crore from the TNSTC.

However, the TNSTC Managing Director said the driver drove the bus cautiously. While proceeding in front of the bus, two-wheeler suddenly took a ‘U’ turn.

However, the tribunal, presided over by  A Shanthi, observed that there is ‘contributory negligence’ on the part of the two-wheel rider in causing the death of Prakasam.  “This court is inclined to fix 50 per cent of the negligence on the part of the rider and the pillion-rider Prakasam, who was also not wearing helmet at the time of accident”, said Shanthi.

‘Negligence’
The tribunal observed that there is ‘contributory negligence’ on the part of the two-wheel rider in causing the death of Prakasam

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