After Car Hit Moped Carrying Woman Pillion Rider Near Road’s Middle, Karnataka HC Finds Moped Rider 10% Negligent, Limits Insurer To 90%

On 14 February 2012, the claimant was travelling as a pillion rider on a moped with her husband and minor child when a car struck the moped from behind.

She sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The MACT found the car driver negligent and awarded ₹2,55,000 with interest at 8% per annum, holding the car’s owner and insurer jointly and severally liable.

The insurer appealed, challenging liability, negligence and the rate of interest.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173(1) of that Act.

The Court applied the principles of negligence and contributory negligence in apportioning responsibility between the drivers.

It also considered the insurer’s reliance on Rule 143(3) of the Karnataka Motor Vehicles Rules, 2025, concerning the carriage of two pillion riders; however, it did not determine the appeal on that ground.

No specific precedent was cited for the Court’s observation that the Supreme Court had consistently awarded interest at rates exceeding 6% per annum.

The rough sketch showed that the collision occurred on a 36-foot-wide road, approximately 16 feet from the left edge, and that the car struck the moped from behind after coming to its left side.

The Court found the car driver negligent, but considered that the accident’s location near the middle of the road meant the moped rider’s contribution could not be ruled out.

Taking account of the car’s greater weight and its driver’s corresponding duty to exercise care, the Court apportioned 90% negligence to the car driver and 10% to the moped rider.

It rejected the challenge to the interest rate, finding that 8% per annum did not call for modification.

The insurer’s liability was reduced to 90% of the award—₹2,29,500—with interest at 8% per annum from the date of the claim petition until deposit.

The amount in deposit was ordered transmitted to the Tribunal, any balance was to be deposited within six weeks, and the compensation with accrued interest was to be released to the claimant.