The Kerala High Court has recently pronounced a significant judgment affirming that pillion riders injured in road accidents are entitled to compensation, irrespective of any alleged negligence by the motorcycle rider. This ruling came in the case of Santhosh v EA Sainaba & ors, where Justice Anil K Narendran emphasized that an innocent pillion rider should not be held accountable for the negligence of the motorcycle operator.
Justice Anil K Narendran’s Observations
In his ruling, Justice Narendran underscored that the appellant, Santhosh, who suffered injuries after the motorcycle he was riding as a pillion collided with a bus, should not be penalized for the motorcycle rider’s alleged negligence. The Court referenced the Supreme Court’s decision in Yashwant Krishna Kumbar v Divisional Manager, United India Insurance Co Ltd to support the stance that passengers are not vicariously liable for the driver’s negligence.
“The appellant-claimant, being a third-party pillion rider on the two-wheeler, cannot be held to be responsible or having contributed to the accident. In such circumstances, the appellant-claimant is entitled to recover the entire compensation from any one of the tortfeasors, and there is no legal warrant for reducing the award on account of apportionment of negligence between the driver of the stage carriage and the rider of the two-wheeler,” stated the Court.
Case Background and Tribunal’s Initial Ruling
The incident, dating back to June 28, 2004, involved Santhosh, who was injured while traveling as a pillion rider when the motorcycle collided with a bus, resulting in multiple injuries, including a thighbone fracture. Initially, the Motor Accidents Claims Tribunal (MACT) in Ernakulam had awarded a compensation of ₹57,922 but deducted 50% citing contributory negligence by the motorcycle rider, reducing Santhosh’s compensation to ₹28,961.
Before the High Court, Santhosh contested this decision, arguing that his role as a mere pillion rider should not have affected the compensation amount. He sought an increase in the awarded compensation.
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High Court’s Analysis and Decision
The High Court, upon reviewing the FIR and charge-sheet, noted that prima facie evidence pointed towards the bus driver’s negligence, with no charges against the motorcycle rider. The Court criticized the tribunal for basing its decision on a scene mahazar and inspection report to determine contributory negligence, which lacked oral evidence.
Furthermore, the High Court adjusted the claimant’s notional monthly income upward from ₹3,500 to ₹4,500, aligning with the Supreme Court’s precedent set in Ramachandrappa v Manager, Royal Sundaram Alliance Insurance Company Limited. Consequently, the compensation for loss of earnings, medical expenses, extra nourishment, and damage to clothing was increased, considering the severity of the injuries and 11 days of hospitalization.
However, the Court did not enhance compensation for pain, suffering, and loss of amenities due to the absence of evidence proving permanent disability.
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In conclusion, the High Court reinstated the compensation initially reduced by the tribunal, directing New India Assurance Company Limited to pay Santhosh an additional ₹45,389 with 8% annual interest from the date of the accident in 2004 until the MACT award in 2010. This amount is to be paid within two months from the date of the judgment.
Advocates Cherian Sebastian and M James Antony represented the claimant, while NS Najeeb stood for the insurance company.
