

The Madurai Bench of the Madras High Court made an observation while hearing a compensation case related to a road accident in Tamil Nadu. A 19-year-old youth, Gopal, from Theni, was riding a motorcycle with a young woman as pillion when their vehicle was hit by a van on May 10, 2018. Gopal died at the scene, while the woman sustained serious injuries. Following a compensation plea filed by Gopal's parents, a Theni court directed the insurance company to pay Rs.25 lakh. The insurer subsequently challenged the order before the Madurai Bench of the Madras High Court.
A bench comprising Justice G.R. Swaminathan and Justice Sumathi examined the case and held that Gopal's negligence had also contributed to the accident. The court ordered a 25 per cent reduction in the compensation amount. Referring to the circumstances of the accident, the bench observed that it was natural for a 19-year-old man to feel excited while riding a bike with his girlfriend seated behind him. As the van was travelling on the correct side of the road, the court found contributory negligence on the part of the biker and accordingly reduced the compensation.


















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