Hemlata Sahu v. Amit Mahawar - Motor Accident Compensation - Pillion Rider - Driver's Contributory Negligence
Motor Accident Compensation - In this case, the claimant is the mother of the deceased pillion rider -High Court held that claimant is entitled for only 50% of the total amount of compensation as determined, as the liability stood fastened upon the driver of the vehicle to the extent of 50%- Allowing appeal, SC observed - No fault was either attributed or held to be that of the pillion rider, in the cause of occurrence of the accident- Therefore, the liability to pay the compensation is solely that of the insurers and the claimants are entitled to the whole of the amount.
Case Info
Basic case details
Case name:Hemlata Sahu v. Amit Mahawar & Ors.
Neutral citation:Not mentioned in the extract.
Coram:Justice Sanjay Karol and Justice Augustine George Masih.
Judgment date:27 January 2026 (as stated at the end of the signed order and the record of proceedings).
Caselaws and citations
No prior case law or reported citations are referred to or quoted in the text you’ve provided. The order is a short, fact-focused appellate order without discussion of precedents.
Brief summary
This appeal arose from a motor accident claim in which the Tribunal and High Court had reduced compensation by 50% on the basis of contributory negligence, despite there being no fault attributed to the pillion rider (the deceased, whose successor-in-interest is the claimant). The Supreme Court held that this was an error, set aside the apportionment, and directed that the entire compensation as determined by the Tribunal and enhanced by the High Court be paid by the insurers without any deduction. The Court ordered payment within four weeks, failing which interest at 8% per annum would apply.