Karnataka HC: Insurance claims for bikers can't be reduced for not wearing helmets if claimant not at fault for an accident

A recent ruling by the Karnataka High Court has clarified that an insurance company cannot lower the claim amount for an injured motorcyclist due to the rider's failure to wear a helmet, provided that the rider is not at fault for the accident.

"While wearing a helmet is crucial for safety, it should not be the sole criteria in reducing (the quantum of) compensation. The concept of contributory negligence in motor vehicle accidents appears only when the injured party's own negligence contributes to the accident," stated the High Court bench.

On March 5, 2016, Sadath Ali Khan from Ramanagara district suffered multiple injuries when a speeding car collided with his motorcycle. Khan sought compensation from the Motor Accident Claims Tribunal, arguing that his treatment expenses amounted to Rs 10 lakh.


The tribunal, in its order dated September 24, 2020, awarded Khan Rs 5.6 lakh, citing his failure to wear a helmet as the reason for reducing the compensation.

Khan contested this decision, arguing before the High Court that the accident had rendered him unable to continue his Rs 35,000 per month job.

The High Court ruled in favor of Khan, granting him enhanced compensation of Rs 6,80,200, to be paid by the insurer of the car involved in the accident.