Rider without driving licence killed in a crash with van; Court puts 25% blame on 19-year-old who died, cuts Rs 25 lakh motor accident compensation by 25%

A 19-year-old rider who died in a head-on collision with a van was also partly responsible for the accident, the Madras High Court has ruled. The court found that he rode on the wrong side of the road and did not have a driving licence, and fixed his contributory negligence at 25%.

The ruling reduced the compensation awarded to his parents from Rs 25.54 lakh by 25%. A bench of Justices G R Swaminathan and M D Sumathi passed the order on August 18, 2026, while hearing an appeal filed by Cholamandalam MS General Insurance Company against the motor accident compensation awarded by a Theni tribunal.

19-year-old died in midnight collision

The accident took place shortly after midnight on May 10, 2018, on Veerapandi-Vayalpatty Road in Theni.

Gopal rode a two-wheeler when it collided head-on with a van insured by Cholamandalam MS General Insurance Company. Gopal died at the spot, while Rajeshwari, who travelled as his pillion rider, suffered injuries.

Gopal's parents later filed a claim seeking Rs 30 lakh in compensation. The Motor Accident Claims Tribunal awarded them Rs 25.54 lakh with interest in February 2021.

The insurance company challenged the award and argued that Gopal also contributed to the accident. It asked the High Court to deduct a portion of the compensation for contributory negligence.

Court examines accident scene

The High Court allowed the insurer to submit a certified copy of the accident's rough sketch as additional evidence.

The judges said the sketch helped establish how the vehicles approached each other. According to the court, the van travelled on the correct side of the road, while Gopal rode the two-wheeler on the wrong side.

The court also noted that Gopal did not have a driving licence. His father admitted this during the proceedings. Although the family claimed that Gopal had a learner's licence, they did not produce it before the tribunal.

The judges also considered evidence from an eyewitness who blamed the van driver for rash and negligent driving. However, they found that the witness did not explain what made him reach that conclusion.

Supreme Court ruling also considered

The bench referred to a recent Supreme Court ruling in Parmila vs Rajender, which dealt with contributory negligence in head-on collisions.

The Supreme Court had said courts should examine the conduct of both parties instead of automatically placing the entire blame on one driver, particularly when the circumstances indicate that both may have contributed to a crash.

The Madras High Court applied that approach to Gopal's case and examined the road position of both vehicles along with the other evidence.

The judges also noted that Gopal's girlfriend was travelling on the pillion at the time of the accident. The court said a rider may become more exuberant in such circumstances, but it ultimately based the finding of contributory negligence on the evidence surrounding the accident.

Compensation cut by 25%

After considering the evidence, the High Court concluded that Gopal had contributed to the accident through his conduct.

The bench fixed his contributory negligence at 25%. As a result, the compensation awarded to his parents will stand reduced by 25% from the Rs 25.54 lakh awarded by the tribunal.

The court partly allowed the insurance company's appeal and made no order as to costs.

The bench also allowed the certified accident sketch to form part of the evidence, observing that it would help establish the circumstances surrounding the collision.

Case judgement here: