CHENNAI: Whenthe Madras High Court had held, as early as in 2003, that three persons riding on a two-wheeler are not eligible for full compensation and that 50 per cent of the amount has to be deducted towards contributory negligence, how can the court award full compensation to four persons who travelled on a two-wheeler and met with an accident, the Madras High Court has asked.
In the 2003 case, the High Court had taken judicial note of the fact that the rider of the two-wheeler could not have control over the handlebar and brakes and that the law enforcing authorities must prevent the practice of three persons travelling on a two-wheeler, Justice V M Velumani pointed out.
The judge was dismissing two appeals from Ganeshan and Ragu challenging the orders of the Motor Accident Claims Tribunal in Sathyamangalam, which had fixed `1.17 lakh and `86,000 respectively, as compensation, after deducting 50 per cent of the compensation amount.
This court had held that the rider of the two-wheeler on which three persons were travelling, would not have control over the handlebar and the brakes. Whereas in the present case, four persons have travelled on the two-wheeler. Hence, definitely, the driver of the motorcycle would not have had control over the handlebar and the brakes and contributed to the accident. The tribunal had rightly deducted the 50 per cent of the compensation, the judge said, dismissed the appeals from the duo and confirmed the Tribunal’s orders.