Motor Accident Compensation -- Three Persons Travelling on Two-Wheeler -- Not by itself contributory negligence without proof of causal link
(i) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Three Persons Travelling on Two-Wheeler -- Mere travel of three persons on a two-wheeler does not by itself amount to contributory negligence. Such travel may constitute a violation of the restriction on carrying more than one pillion rider, but a finding of contributory negligence requires distinct proof that the overcrowding contributed either to the accident or to its impact upon the victim. (ii) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Assessment of Income and Deduction Towards Negligence -- Income of the deceased for computing dependency must be assessed in accordance with prevailing minimum wage notifications, and future prospects, multiplier and consortium must be factored in. A deduction towards contributory negligence made without factual basis is liable to be set aside, and compensation recalculated accordingly.
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