It is very important to wear a helmet while driving a two-wheeler. But if a rider meets with an accident and is not wearing a helmet, the Karnataka High Court has given an important verdict in that case.
Insurance claim of biker for not wearing helmet: Now the relief for bike riders is that 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 to be given to the bike rider injured due to not wearing a helmet.
A bench of the High Court said, “Although wearing a helmet is very important and necessary for safety, it should not be the only criterion for reducing the amount of compensation. The concept of negligence in motor vehicle accidents comes into play only when the injured party’s own negligence contributes to the accident.”
An incident has come to light in which Sadath Ali Khan of Ramnagar district suffered multiple injuries when a speeding car hit his bike on March 5, 2016. After spending Rs 10 lakh on treatment, Khan approached the Motor Accident Claims Tribunal seeking insurance claim.
However, the tribunal in its September 24, 2020 order awarded him Rs 5.6 lakh as compensation, saying the claimant was not wearing a helmet at the time of the accident. Khan challenged the order in the high court saying he was unable to continue his job of Rs 35,000 per month after the accident. The court enhanced the compensation to Rs 6,80,200.
New rule implemented in Visakhapatnam
Under the Motor Vehicle Act, it is mandatory for the pillion rider to wear a helmet. After the High Court order, a new rule is going to be implemented in Visakhapatnam from September 1, due to which it will be mandatory for the pillion rider to wear a helmet while driving a two-wheeler.
If someone does not follow this rule, a challan of Rs 1035 will be deducted and the license can also be suspended for 3 months. This decision has been taken to prevent increasing accidents in the city. It will be mandatory to wear only ISI marked helmets.
