Stating that “triple riding by itself does not amount to rash or negligent driving...” a Motor Accident Claims Tribunal (MACT) has awarded a compensation of ₹24.36 lakh to a man who suffered 75% permanent disability in the lower left limb last year.
Driving licence
National Insurance Company, the insurer of the offending vehicle, had argued that the injured man did not have a driving licence and was driving the motorcycle with two pillion riders. Therefore he was guilty of contributory negligence, and hence 50% of the compensation to him may be deducted on this count.
Argument rejected
Rejecting the argument, MACT Presiding Officer Rajeev Bansal said, “No evidence has been led by the insurance company that the accident was caused due to the injured having two riders behind him on the motorcycle. Triple riding by itself does not raise the presumption that a person driving a motorcycle with two persons on pillion is rash or negligent, or his triple riding contributes to the cause of the accident.”
“A person having two persons on the pillion can still drive a motorcycle in a proper way. So, unless it is proved that the person who was having two persons on the pillion of his motorcycle had contributed in any manner to the cause of the accident, it cannot be said to be a case of contributory negligence,” the judge said.
“Triple riding on a two-wheeler is in contravention of the provisions of the Motor Vehicles Act, 1988. Appropriate punishment is provided for triple riding on a two-wheeler under Section 128 read with Section 177 of the Act,” the judge said.
‘No presumption’
“However, there is no presumption that there would always be negligence on the part of two-wheeler driver if three persons are riding on a two-wheeler. The negligence has to be established as a fact which has not been done in this case. As such, the argument raised is fit to be rejected,” the judge added.
The accident
A speeding car had hit the motorcycle being driven by the victim while it was crossing the Sarai Kale Khan-Delhi Noida Direct (DND) Flyway loop in south-east Delhi.
