High Court: Big Vehicle cannot always be liable in Accidents

Madras High Court said it is a high time to review that driver of big vehicle are responsible for the Car Accident as seen in majority of First Information Reports .

The Court was hearing a plea by the Pudukottai transport corporation challenging the order of motor accidents claims tribunal (MACT) that had awarded compensation to an accident victim.

The MACT had awarded a compensation of Rs 6lakh in 2015 holding the driver answerable for the accident. Challenging the order, the transport corporation presented the appeal .

The transport corporation counsel submitted that the person driving the two-wheeler had tried to overtake the lorry while not noticing the bus, therefore tantalizing the accident. Also, four folks were travel on the two-wheeler & since the deceased conjointly contributed to the accident, he was chargeable for contributory negligence. Justice K Murali Shankar aforementioned 2-wheelers are designed for two folks to travel & anyone taking over two are committing an offence & is punishable under Section 128 of the motorized vehicles Act. If a rider takes over 2 folks on his two-wheeler, his sitting posture would change & he would lose management.

The judge determined that its the high time for people coping with motor accident claims to review the mentality in considering the plight of the slashed victim or the legal heirs of the deceased victim empathetically & award compensation in accidents that occurred by violating the laws & rules.

During this case, since four grown-up students had traveled on the two-wheeler, the Court command that the rider & all seat riders are guilty of negligence.

Partially allowing the appeal, the judge directed the claimants to bear 50% of the amount awarded by tribunal for contributory negligence.

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