Dismissing the defence of an insurance company that if a deceased biker had worn a helmet at the time of accident in which a truck‘s wheel hit his head, he would not have sustained head injury, a Motor Accident Claims Tribunal said that his death was inevitable as the tiny protection was hardly adequate to resist the strike of the wheel.
Tribunal Chairman SC Chandak noted in his order that from the text in the FIR, when the deceased fell down he did not suffer serious injury to head, but only because the left rear wheel of the offending vehicle forcefully struck his head. The postmortem report had stated that all the cranial bones were fractured, the skull was pressed from side to side and the brain crushed between fractured cranial bones. “So even if the deceased had a protective headgear/helmet, his death was inevitable..’ it said.
Bajaj Allianz Insurance Co Ltd, which had insured the truck at the time of the mishap, had claimed contributory negligence on the part of deceased 30-year-old Mohammad Ali. When contributory negligence is found, the compensation amount is deducted. The tribunal said that though Ali has violated provisions of the Motor Vehicles Act by not wearing a helmet, the protective gear would not have averted the accident or minimized its impact on him.
Chairman Chandak perused the FIR and said it is apparent that the offending vehicle passed very close to the motorcycle, therefore, its rear portion contacted the deceased and the accident occurred. It observed that the truck was in speed and the driver did not maintain safe distance from the motorcycle. It stated, “Considering offending vehicle is a heavy class, it was duty of the driver to drive the same in controlled speed and maintain safe distance...because even a simple dash of such a vehicle to a motorcycle like vehicle is always dangerous and fatal.” This important duty has been omitted by the said driver, it said and added that it is nothing but a clear case of rash and negligent driving.
The kin of the 30-year-old, who worked as a sales executive, had claimed a compensation of Rs 1 lakh. The seven claimants included his 28-year-old widow and minor children aged seven and one year. The tribunal awarded a payout of Rs. 34 lakhs to be given by the insurance company and the truck owner. It proceeded ex parte against the truck owner as he remained absent despite notice.
It also said that the applicants belong to poor strata of society and have lost a young and responsible earning member of the family who could have been of great help and assistance.
On 14 November 2011, Ali was riding his bike at 10 pm in Kazi Sayed Street in Masjid Bunder area when the truck came from behind and hit him. He fell and sustained serious injuries. He was taken to St. George hospital, but succumbed to injuries before admission.
