Pillion rider cannot be denied compensation citing vehicle rider’s negligence: Kerala High Court
The Kerala High Court ruled that a pillion rider cannot be denied accident compensation based on the alleged negligence of the vehicle's driver. The court emphasized that the burden of proof for contributory negligence lies with the defense and ordered an enhancement of the petitioner's compensation.
Why it matters
This ruling clarifies legal protections for passengers in motor vehicle accidents, ensuring they are not unfairly penalized for the actions of the driver.
The Kerala High Court recently held that a motor accident claim could not be denied to a pillion rider by citing negligence on the part of the vehicle’s rider.
The Single Bench of Justice Anil K. Narendran was considering a petition by a person who had sustained injuries in a road accident in 2004 when a two-wheeler was hit by a stage carrier. After reviewing the evidence on record, the court found that the driver of the carriage had been charged with negligent driving, while there was no material to prove negligence on the part of the two-wheeler rider.
The petitioner had claimed that the compensation awarded to him was not reasonable and required enhancement. His contentions were opposed by the insurance company, arguing that he was not entitled to increased compensation.
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