Motor Accident Claims–Contributory Negligence–Quantum of–Deceased was not wearing the helmet–Offending vehicle came from behind the motor-cycle of deceased and hit the motor-cycle while trying to overtake it–The deceased could not have maintained a balance on the motor-cycle on being hit from behind–Undoubtly, the deceased ought to have worn a helmet as mandated in law and having failed to do so, he paid the cost by losing his life–But that alone cannot justify slashing of the estimated compensation by 50%–Interest of justice would met if the estimated compensation is reduced by 10% on account of his contributory negligence–Amount of Rs. 1,00,000/- was awarded for loss of consortium–Each claimant is entitled to get Rs. 40,000/- in this head.
