Facts:
Meena Variyal (respondent) was a pillion rider on a two-wheeler driven by her husband. The vehicle met with an accident on November 25, 1997, resulting in Meena’s injuries. Meena claimed compensation from Oriental Insurance Company Ltd (appellant), the insurer of the vehicle. The Claims Tribunal awarded compensation, which was upheld by the High Court.
Relevant Sections:
1. Motor Vehicle Act, 1988
- Section 147 (insurance of vehicles)
- Section 166 (application for compensation)
2. Motor Vehicles Rules, 1989
- Rule 123 (wearing of helmets)
Issues Raised:
1. Whether Meena’s failure to wear a helmet as a pillion rider disentitles her to compensation?
2. Whether the insurer is liable to pay compensation despite Meena’s contributory negligence?
Judgment:
The Supreme Court held that Meena’s failure to wear a helmet as a pillion rider does not disentitle her to compensation. The insurer is liable to pay compensation, despite Meena’s contributory negligence. The Supreme Court upheld the Claims Tribunal’s award and the High Court’s judgment.
Citation:
Oriental Insurance Company Ltd v. Meena Variyal, (2007) 5 SCC 428, AIR 2007 SC 1594
Maihar Sundaram Singh
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