Whether deceased motorcyclist can be held guilty of contributory negligence merely because he was not wearing a helmet at the time of accident - Held : no

Citation

2023 ACJ 1234

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

 [MFA No. 102876 of 2018 (MV); decided on 10.3.2022]

PRESENT:

MR. JUSTICE S. SUNIL DUTT YADAV MRS. JUSTICE K.S. HEMALEKHA

Manager, National Insurance Co. Ltd. ... Appellant

V.

Amruta and others

Respondents

Manager,CJ

Negligence-Contributory negligence-Helmet-Non-wearing of- Accident between a transport van and motor cycle resulting in death of motorcyclist-Tribunal held that accident occurred due to negligence of van driver-Contention that deceased contributed to the accident as he was not wearing a helmet at the time of accident-No evidence that non-wearing of helmet contributed to the accident-Whether deceased motorcyclist can be held guilty of contributory negligence merely because he was not wearing a helmet at the time of accident-Held: no.(Para 17): Mr. G.N. RaichurFor appellant For respondents: Mrs. Ranjita Alagawadi forMr. B.V. Somapur