‘Zero compensation as bike rider drunk, didn't have valid licence'

Time of India

21 hours ago

Chennai: A motor accidents claims tribunal refused compensation to a pillion rider who suffered 48% disability in a road accident, as the bike's rider was drunk and he drove the vehicle against traffic on a one-way road.
The rider also did not have a valid driving licence at the time of the accident. The tribunal noted that the claim should have been filed against the motorcycle's driver rather than the load carrier involved in the collision.
Sub judge S Palani, presiding over the tribunal in Karaikal, passed the order while dismissing a claim petition moved by A Honest Raj, a resident of Nagapattinam, seeking 9 lakh as compensation from the insurer of the load carrier involved in the accident.
According to Honest Raj, on May 13, 2022, around 6.30pm, he was riding pillion on a motorcycle driven by Gowthaman at Jawaharlal Nehru Street, Karaikal. At the time of the accident, a load carrier, driven by Rajamanikandan, which came from the opposite direction allegedly in a rash and negligent manner, hit their vehicle.
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In the accident, Honest Raj suffered a serious injury resulting in 48% partial disability. Aggrieved, he moved the claims tribunal seeking compensation from the insurer of the load carrier.
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During the investigation, it came to light that the rider of the bike, Gowthaman, was under the influence of alcohol during the accident and that he drove the bike illegally on a one-way road.
Recording the submissions, the court said, "On a cumulative collection of evidence adduced by the respondent, it would establish that the petitioner's rider, Gowthaman, who was under the influence of alcohol, without holding a valid driving licence, rode the motorcycle on a prohibited one-way road, in a rash and negligent manner and committed the accident. That being so, the petitioner ought to have filed the present claim petition against Gowthaman, owner and insurer of the motorcycle.
Admittedly, the petitioner has not filed the claim against the tortfeasor Gowthaman, who is liable for the accident," the tribunal added.
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