Not following traffic rules while crossing road: 10% contributory negligence slapped

CHENNAI: The family of a teenager who died in a road accident after he was hit by a two-wheeler while crossing the road on Ambattur-Redhills road will receive 10% less than the total compensation awarded by the Motor Accident Claims Tribunal after the tribunal held that the deceased too contributed to the accident by not following traffic rules while crossing the road.

The Motor Accidents Claims Tribunal, Chennai, had awarded Rs 20.35 lakh in compensation, of which 10 per cent was slashed for contributory negligence and directed a compensation of Rs 18.32 lakh to be paid to the victim's family.

According to the petition by R Kumari, the deceased (her son) was studying first year diploma at a polytechnic institute in Paruthipattu and was also working part time at an eatery.

On December 29, 2018, around 8 pm, the victim was crossing the road near the TCL bus stop in Kallikuppam when a rashly driven two-wheeler hit him. The teenager got thrown and was hit by a car coming in the opposite direction. He was taken to a hospital, where he succumbed to the injuries on December 31.

In her petition, Kumari contended that rash driving by the biker led to the death of her son and demanded compensation from the two-wheeler's insurer. The insurance firm argued that the pedestrian did not follow traffic rules while crossing the road, which the tribunal accepted and slapped 10 per cent contributory negligence on the deceased's part.

After perusing the documents submitted from both sides, Tribunal Judge K Jyothi directed the insurance firm to pay Rs 18.32 lakh in compensation to the victim's mother.