Motor vehicles act

Rahul Singh (Querist) 10 December 2011 This query is : Resolved
In one case the court has held the driver of M/cycle liable to 50/% for contributory negligence, but in claim of pillion rider in same matter has not fixed 50% of the above on him holding that he was only a pillion rider not contributing in accident.Whether the approach of the court is correct?Kindly give immediate opinion and judgment also.

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Raj Kumar Makkad (Expert) 10 December 2011
The approach of the court is absolutely right as driver has to drive vehicle rightly or wrongly and pillion rider has no role therein so he cannot be held liable for any liability and no citation is required on that matter as law is nothing but a common sense.

mahendrakumar (Expert) 11 December 2011
Nothing to add Mr.Rajkumar.

one of the best observation by Rajkumar needing no further comment.

Sailesh Kumar Shah (Expert) 11 December 2011
Agree with views of makkad sir.

Guest (Expert) 11 December 2011
Agree with Shri Makkad.

Shonee Kapoor (Expert) 11 December 2011
Agreed with Ld. Sh. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

jeevan1950 (Expert) 12 December 2011
absolutely right Makkadji. another point can be the pillion rider may also be held consenting to whatever happens as he willingly rides as pillion.

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