NEW DELHI: A Delhi tribunal has held that violation of traffic law, like not wearing a helmet, cannot be termed ‘contributory negligence’ without evidence showing that the violation caused a road accident.
Motor Accident Claims Tribunal (MACT) Presiding Officer Abhilash Malhotra made the observation while awarding over Rs 2.92 crore compensation to a 32-year-old marketing executive, Nilmani Chauhan, who suffered 88% permanent disability because of a spinal cord injury he suffered in a road accident in 2020.
The judge noted that Chauhan was grievously injured after a speeding car rammed into his two-wheeler on December 30, 2020, leaving him unable to stand or walk for the rest of his life.
The tribunal rejected the insurer’s argument that the victim was negligent because he was not wearing a helmet, saying it cannot be said to be grounds for contributory negligence. “Non-wearing of a helmet was an offence under the Motor Vehicle Act, but it cannot be termed as a rash or negligent act which led to the accident,” the tribunal said.
While granting the award, the tribunal said that from the nature of the injuries it was clear that the injured will never be able to perform the job of marketing executive, which involves considerable movement, and the desk job will also be dependent upon the services of a full-time attendant.
“It is already proved on record that the lower body of the injured has become dysfunctional. He is dependent upon an attendant for passing urine, as he cannot feel the same, and his employer stated that they are providing him salary on humanitarian grounds till the time this case is decided,” the judge said in an order passed on August 12.
The tribunal held the car driver, Ramesh, responsible for “negligent driving” while directing the insurance company IFFCO Tokio General Insurance Co Ltd to pay an amount of over Rs 2.92 crore, for loss of future earnings, medical treatment, and attendant charges.
