Extra Passenger On Bike Liable For Contributory Negligence To Accident: Karnataka High Court

The Karnataka High Court has made it clear that an extra passenger riding on a two-wheeler motor vehicle is liable to contributory negligence if involved in an accident.

While dealing with an appeal from an order of the Motor Accident Claims Tribunal, Justice Hanchate Sanjeev Kumar said that a claimant, if knowing fully well that there were four persons riding on a motorcycle meets with an accident, then the claimant contributes to negligence towards the accident.

"There were four persons riding on the motor cycle. The claimant is one of the pillion rider. Hence, the claimant knowing fully well that there were four persons riding on the motor cycle, hence invited risk for herself while travelling on the motor cycle being pillion rider. Therefore, the claimant has also contributed her negligence towards the accident," the order stated.

The Court thus partly allowed the appeal filed by M/s ICICI Lombard and modified the compensation awarded by the Tribunal in favour of the claimant. It held the claimant is liable for 20% contributory negligence towards the accident.

The insurance company contended that the MLC extract proves that it is the case of self fall from bike while the claimant was riding the motorcycle. Further it argued that even if the claimant is held to be pillion rider, there were three persons riding on the motorcycle and the motorcycle skidded and thus, the claimant knowing fully well that there were three persons riding on the motorcycle invited the risk for herself amounting to contributory negligence.

On the other hand the claimant opposed the appeal saying she was a pillion rider and hence, the claim petition is maintainable. Further, it was argued that just because there were three pillion riders on the motorcycle is not a ground to say that the claimant has also contributed negligence towards the accident.

The bench noted that admittedly, there were three persons riding on the motorcycle. The MLC extract of the hospital, in which the claimants were admitted for treatment, revealed that all three injured persons had sustained injury due to self fall from bike.

Following which it said, “The claimant has also contributed her negligence towards the accident in the manner discussed above. Therefore, it is amounting to 20% of contributory negligence towards the accident. Therefore, whatever amount of compensation is determined by this Court, the claimant is entitled to only 80% of that determined compensation amount.”

Further the court held that the claimant was not entitled to compensation towards loss of future earnings due to disability as the claimant is continuing in the same job even after the accident.

Accordingly it allowed the appeal in part.

Appearance: Advocate B.C.Shivanne Gowda A for Appellant.

Advocate D.S. Sridhar for R1.

Citation No: 2024 LiveLaw (Kar) 47

Case Title: M/s ICICI Lombard Company Ltd AND Ms Harshitha B & ANR

Case No: Miscellaneous First Appeal No 5505 OF 2017

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