Merely tripling on 2-wheeler no ground for negligence in case of accident: Gujarat HC

Ahmedabad, Dec 17 (PTI) The Gujarat High Court has ruled that three persons travelling on a two-wheeler is not sufficient enough ground to hold the rider negligent in the event of an accident.

In a recent order, Justice Hasmukh Suthar noted that in the absence of any material proving contributory negligence of the deceased two-wheeler rider, merely the fact that he was driving with two pillion riders was not a ground to hold him negligent.

Three persons -- one Mayur Dhuda, his sister Sejalben and niece Bhavnaben -- were going on a motorcycle when a state transport bus crashed into their two-wheeler from the rear side, killing two of them and leaving the other with injuries on February 24, 2019. The accident took place in Junagadh district.

The kin of the deceased motorcycle rider (Mayur Dhuda) approached the high court challenging the Motor Accident Claims Tribunal's ruling that there was 10 per cent "contributory negligence" on the part of the deceased for riding motorcycle with two pillion riders.

"In absence of any material proving contributory negligence of the deceased, merely the deceased was riding tripling is not a ground to hold the deceased negligent," the court observed.

"Merely tripling ride is not a ground in absence of such tripling causing or contributing to the alleged accident and due to such tripling the motorcyclist had lost the control over steering of the motorcycle or due to rash and negligent driving he has contributed to the alleged accident," the court noted.

It said the contributory negligence cannot be presumed and collision on the road did not inherently indicate negligence by the two-wheeler rider.

The court observed that the tribunal committed an error in holding 10 per cent contributory negligence of the deceased.

"Hence, the arguments canvassed by the learned Advocate for the GSRTC (Gujarat state transport crop) is not acceptable in absence of any material or evidence on record. Accordingly, the order on 10 per cent contributory negligence of the deceased is modified and the driver of the bus is held solely negligent in occurrence of the accident," the court said.

The court then enhanced the compensation amount from Rs 12,51,720 to Rs 14,93,900 for the family of the deceased motorcycle rider. PTI KA RSY