Contributory negligence for not wearing a helmet cannot be found without pleadings.

On 17 August 2016, Karthikeyan was riding his motorcycle when it collided with a Transport Corporation bus. He died from his injuries five days later.

His dependants claimed compensation, alleging that the bus driver was negligent; the Corporation denied liability and attributed the accident to Karthikeyan.

The Motor Accident Claims Tribunal found the bus driver negligent and awarded Rs. 31,74,752 with 7.5% annual interest.

The Corporation appealed, arguing that Karthikeyan’s failure to wear a helmet contributed to his death.

1. Whether the Tribunal’s finding of negligence against the bus driver should be disturbed on the ground that Karthikeyan was not wearing a helmet.

2. Whether the Tribunal’s award should otherwise be interfered with.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988.

The Court identified no specific precedent or statutory provision governing contributory negligence in its reasoning. It declined to interfere with the Tribunal’s findings on the helmet argument because the Corporation had not pleaded contributory negligence based on the deceased’s failure to wear a helmet.

The Tribunal’s negligence finding rested on the FIR and the eyewitness’s evidence.

Although the bus driver testified that Karthikeyan was not wearing a helmet, the Corporation had not raised that allegation in its counter. In the absence of that pleading, the Court refused to use the helmet evidence to disturb the finding that the bus driver’s rash and negligent driving caused the accident.

As the Corporation raised no other challenge, the Court left the remaining aspects of the award undisturbed.

It directed the Corporation to deposit Rs. 31,74,750 with 7.5% annual interest from the date of the petition within twelve weeks of receiving the web copy of the judgment, if not already deposited. The claimants may withdraw the amount in accordance with the Tribunal’s apportionment order; there was no order as to costs.