A pillion rider’s failure to wear a helmet justified only 5% contributory negligence.

The claimants sought compensation for the death of Muthulakshmi, who was travelling as a pillion rider when the motorcycle she was on was struck from behind by another motorcycle on 10 October 2018.

They alleged that the deceased worked as an agricultural coolie and earned Rs.10,000–Rs.12,000 per month

The Tribunal attributed the accident to the offending motorcycle but imposed 10% contributory negligence on the deceased because she was not wearing a helmet.

It assessed her monthly income at Rs.8,000 and awarded Rs.16,79,300

The claimants appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement and challenging the finding of contributory negligence

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

In assessing compensation, the Court applied the multiplier method, adding future prospects to the assessed income and deducting the deceased’s personal expenses; it also considered compensation under conventional heads and proved medical expenses

The judgment cites no specific precedent or separate statutory provision governing helmet use or contributory negligence.

Its treatment of contributory negligence reflects an assessment of the deceased’s role in the accident and the circumstances of her pillion travel

The Court noted that the deceased was a pillion rider, not the person riding the motorcycle, and that the offending motorcycle struck their vehicle from behind.

It therefore found the Tribunal’s 10% attribution of negligence excessive, but retained a reduced 5% share

In assessing compensation, the Court considered the deceased’s age, occupation, the year of the accident and the minor children’s dependency, and increased her monthly income from Rs.8,000 to Rs.12,000.

Applying 40% future prospects, a one-fourth deduction for personal expenses and a multiplier of 16, it assessed loss of dependency at Rs.24,19,200

It further allowed Rs.3,41,100 for medical expenses supported by Exs. P4 and P5, and Rs.44,000 for loss of love and affection to the fifth claimant

After adding the other heads, the Court calculated compensation at Rs.30,57,300 and deducted 5% for contributory negligence, rounding the result to Rs.29,04,000

The Court modified the finding on contributory negligence to 5% against the deceased and 95% against the offending vehicle, and enhanced the award from Rs.16,79,300 to Rs.29,04,000

The second respondent–Insurance Company was directed to deposit the amount, less any sum already deposited, with interest at 7.5% per annum from the date of the claim petition to the date of deposit, excluding any period of default, and costs, within six weeks

The Court also issued directions concerning withdrawal and deposit of the claimants’ shares, including the minors’ shares