Accident relief cut as victim was not wearing helmet

Also, kin did not produce valid driving licence of victim

The Motor Accidents Claims Tribunal in the city has cut compensation by 10% as the accident victim was not wearing a helmet, and also because his kin did not produce a valid driving licence belonging to him.

On December 25, 2017, Praveen Kumar was riding a motorcycle in front of the Anna University exit gate. A car hit the motorcycle, according to a petition filed by his family members. Kumar sustained injuries and was admitted to the Government Royapettah Hospital.

Later, Kumar was shifted to the Rajiv Gandhi Government General Hospital, where he died on the same day.

The petitioners blamed the car driver for the accident and sought compensation. R. Sivasubramanian, car owner, and HDFC Ergo General Insurance Co. Ltd., its insurer, were named as the respondents.

In its response, the insurance company alleged that the accident occurred due to the rash and negligent act of the victim, who was not wearing a helmet at the time of the accident.

Based on the First Information Report and other evidence, the tribunal ruled that the accident was due to the rash and negligent act of the driver of the car.

It noted that the petitioners had not produced the driving licence of the victim, who was also partly responsible for the accident and fixed his contribution at 10%.

The Tribunal directed the insurance firm to pay compensation of about ₹21.85 lakh, after deducting 10% from the total compensation of ₹24.28 lakh to the kin of the victim.

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