Passenger traveling on bus roof at driver's behest entitled to compensation: Jharkhand High Court
Ranchi: In a significant ruling regarding motor vehicle accident compensation cases, the Jharkhand High Court held that if a passenger was traveling on the roof of a bus at the driver's behest, compensation cannot be denied in the event of an accident solely on the grounds that they violated Section 123(2) of the Motor Vehicles Act.
A bench led by Chief Justice M.S. Sonak granted relief to the family of Malchand Murmu—who died in a 2010 road accident in Giridih—by increasing the compensation amount from the ₹6.41 lakh awarded by the tribunal to ₹11,13,360. Additionally, upholding the 'pay and recover' principle, the court directed the insurance company to make the initial payment and granted it the right to subsequently recover the amount from the vehicle owner.
The court observed that eyewitness testimony established the deceased was sitting on the roof specifically under the bus driver's instructions. Consequently, the victim could not be held responsible for the accident. The court has directed the insurance company to deposit the enhanced amount, along with interest, within six weeks.
