Why are we such crap
You ever been in a car accident?
Or need anything important from a government agency?
It takes these companies/entities forever to process anything for you
As if you can just wait around
without a car, or a medication, or a form you asked for
to continue living a normal life.
Like it's YOUR fault some asshole crashed into YOU
It really makes me question
Why are we such crap to each other?
We used to care about each other's well-being
Now the only thing that matters is that every company
is making as much money as they possibly can from you
And we all just roll with it
Well I never agreed to this.
Please show me what part of the social contract I never signed
Stipulated that I and every other living thing around me
Defer to these things we call corporate entities
Tell me who decided they should come first
And who all everyone else agreed to it.
Cuz I didn't.
You dig?
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Claimant suffers self-fall from motor cycle with three riders responsible for contributory negligence towards the accident
M/s ICICI Lombard Company Limited & Ms Harshita B & Sohit Sahani
Miscellaneous First Appeal 9Motor Vehicle Act) 5505/2017
Karnataka High Court at Bengluru
Appeal was allowed in part by Hon’ble Mr. Justice Hanchate Sanjeevkumar J 02.01.2024. Since Claimant being pillion rider knowingly invited risk by sitting on the bike along with 3 other riders has contributed towards the accident which happened by self-fall.
Background
Appellant ICICI Lombard in the present appeal has challenged the award dt. 23.02.2017 questioning the quantum of compensation awarded by Motor Accident Claim Tribunal -II Bengaluru and also the responsibility of the claimant contributing her negligence towards the accident.
Issue
Whether the claimant has contributed her negligence towards the accident and the claimant is entitled for compensation towards loss of future income due to disability is permissible are the questions to be considered.
Submission of the Insurance Company
It is the case of self-fall from bike while the claimant was riding the motor cycle.
Even if the claimant is held to be pillion rider, but there were three persons riding on the motor cycle and the motor cycle skidded.
The claimant knowing fully well that there were three persons riding on the motor cycle invited the risk for herself amounting to contributory negligence.
Hence, the Insurance Company is not liable to indemnify the owner and to pay compensation.
Therefore, prayed for modification of the judgment and award on these two grounds.
Submission of the Claimant
Just because, there were three pillion riders on the motor cycle is not a ground to say that the claimant has also contributed negligence towards the accident.
The claimant was a pillion rider and hence, the claim petition is maintainable.
The claimant was aware of the risk of riding on an overloaded motor cycle and still she was riding as such she is responsible for contributing to her own injury.
The Award amounting to Rs.5,87,029/- as compensation to the claimant by the Tribunal is justified.
Therefore, prayed to dismiss the appeal filed by the Insurance Company.
Observation of the Court
Contributory Negligence
From the police records, it is revealed that there were four persons riding on the motor cycle.
The claimant is one of the pillion riders.
Hence, the claimant knowing fully well that there were four persons riding on the motor cycle, invited risk for herself while travelling on the motor cycle being pillion rider.
Therefore, the claimant has also contributed her negligence towards the accident in the manner discussed above.
All the three injured persons had sustained injury due to self-fall from bike while travelling on the bike near Wonderla gate.
Therefore, the claimant has also contributed her negligence towards the accident. Claimants negligence amounts to 20% towards the accident.
Therefore, the claimant is entitled to only 80% of the amount of compensation as determined by the Court.
Compensation
The Tribunal has granted compensation of Rs.1,72,800/- towards loss of future income due to disability.
The claimant was working as a Customer Relation Officer at Hinduja Global Solutions Limited and is continuing in the same job even after the accident.
Therefore, the claimant is not entitled for compensation towards loss of future earnings due to disability.
Rs. 1,72,800/- is to be deducted from Rs. 5,87,029/-.
Thus, claimant is entitled for Rs.4,14,229/-.
But since claimant is responsible for 20% contributory negligence towards accident, therefore a further 20% will be deducted.
Thus, claimant is entitled for Rs.3,31,383/- as against the compensation amount as awarded by the Tribunal.
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