Introduction:

In a recent ruling, the Karnataka High Court clarified the legal stance on the liability of an extra passenger in a two-wheeler accident. Justice Hanchate Sanjeev Kumar, while addressing an appeal from the Motor Accident Claims Tribunal, emphasized that an additional passenger on a motorcycle can be deemed to have contributory negligence if involved in an accident. The judgment, in the case of M/s ICICI Lombard Company Ltd and Ms. Harshitha B & Another, examined the circumstances of the accident involving four persons on a motorcycle.

Arguments of Both Sides:

The insurance company, represented by Advocate B.C.Shivanne Gowda, argued that the claimant, even if considered a pillion rider, invited the risk upon herself by riding with three others. The contention was supported by the MLC extract, suggesting a self-fall from the bike. On the contrary, Advocate D.S. Sridhar, representing the claimant, opposed the appeal, asserting that being one of the pillion riders did not automatically imply contributory negligence. The claimant maintained the position that the claim petition was valid, and the presence of three pillion riders did not attribute negligence to her.

Court’s Judgment:

Justice Hanchate Sanjeev Kumar partly allowed the appeal, modifying the compensation awarded by the Tribunal. The court held that the claimant, being aware of the crowded motorcycle, contributed to the negligence leading to the accident. Consequently, the claimant was deemed 20% liable for contributory negligence. The judgment highlighted the MLC extract, indicating injuries sustained by all three riders due to a self-fall from the bike. Additionally, the court ruled that the claimant was not entitled to compensation for loss of future earnings, as she continued in the same job post-accident.