P&H: Compensation in Motor Accident case To ₹12.92 Lakh For Pillion Rider’s Death, as pillion passenger cannot be blamed for contributory negligence.
High Court has enhanced compensation to ₹12.92 lakh with 7.5% interest for the family of a pillion rider who died in a road accident, ruling that a pillion passenger cannot be blamed for contributory negligence and that “no‑fault liability” under the Motor Vehicles Act is a floor, not a ceiling.
The case arose from a collision, where a scooter carrying the deceased as pillion sought to avoid a jeep that braked suddenly, and was then hit by an oncoming Tata Sumo. The Motor Accident Claims Tribunal had granted only ₹50,000 under Section 140 of the Motor Vehicles Act on the ground that negligence was not proved.
On appeal, the claimants argued that the Tribunal wrongly shifted blame onto the scooterist while ignoring composite negligence of the jeep and Tata Sumo drivers, and unlawfully restricted relief to no‑fault compensation. They pointed to the deceased’s permanent employment and salary proof to seek full...
