Gujarat High Court: Tripling on Two-Wheeler Not Contributory Negligence Without Evidence

The Gujarat High Court held that triple riding on a two-wheeler does not by itself amount to contributory negligence unless supported by evidence showing a causal connection with the accident.

Modifying a Motor Accident Claims Tribunal order, the Court noted that negligence cannot be presumed merely from a traffic violation.

Since the charge sheet and evidence fixed responsibility on the bus driver, the Court ruled him solely negligent.

The Court set aside the Tribunal’s finding of 10% contributory negligence on the deceased and enhanced the compensation payable to the claimants, directing the transport corporation to deposit the additional amount with interest.

[Legal Heirs of Mayurbhai Jesingbhai Dhuda v. Gujarat State Road Transport Corporation]