Justice R Tharani held that the claimants were not entitled to the compensation amounting to ₹4,50,000 since the rider of the bike was responsible for the injury caused to the two pillion riders and, therefore, the claim on his death was not maintainable.
Additionally, it was found that there was contributory negligence on the deceased pillions’ part and thus, their compensation was halved.
“Three persons had travelled in a motorcycle at the time of accident. Two persons travelled in a two wheeler as pillion riders, which is against the Rules. Hence, both the pillion riders contributed 50% to the negligence”, the single-judge observed.
Source: Barandbench
