New Delhi. If someone does not ride a bike wearing a helmet and meets with an accident, then the insurance company reduces the claim amount received by the customer. Insurance companies argue that the bike rider was not wearing a helmet, hence his claim is being reduced. However, now insurance companies will not be able to do this.
In fact, the Karnataka High Court has ruled that if the bike rider is not at fault for the accident, then the insurance company cannot reduce the claim amount received by the injured bike rider for not wearing a helmet.
Karnataka High Court gave order
In a case of low claim amount on bike accident, the Karnataka High Court said, “Wearing a helmet is important for safety, but it should not be the sole criterion for reducing the compensation (amount). “The concept of contributory negligence in motor vehicle accidents arises only when the injured party’s own negligence contributes to the accident.”
What is the matter?
The bike of Sadath Ali Khan of Ramnagar district collided with a speeding car on March 5, 2016. In which his motorcycle was badly damaged and Khan also suffered several injuries. This. Khan moved the Motor Accident Claims Tribunal seeking insurance claims after Rs 10 lakh was spent on his treatment.
However, the tribunal, in its order dated September 24, 2020, awarded him Rs 5.6 lakh as compensation, noting that the claimant was not wearing a helmet at the time of the accident. Khan challenged the order and argued in the high court that after the accident he was unable to continue his Rs 35,000 per month job. The court awarded Khan enhanced compensation of Rs 6,80,200 payable by the insurer of the car involved in the accident.
Tags: Auto News, Bike news, Car Bike News
FIRST PUBLISHED : August 16, 2024, 09:08 IST
