Delhi HC: Pillion rider’s alleged intoxication isn’t contributory negligence without causation proof.

Delhi HC: Pillion rider’s alleged intoxication isn’t contributory negligence without causation proof.

In The Oriental Insurance Co. Ltd. v. Haazari Singh Rawat & Ors. (31 January 2026), the Delhi High Court held that mere allegation of intoxication of a pillion rider cannot automatically amount to contributory negligence without proof of causation. The claimant, injured in a motorcycle accident, had his compensation reduced by 10% by the MACT based solely on a remark in the Medico-Legal Certificate stating he was under the influence of alcohol. Justice Prateek Jalan observed that the claimant was only a pillion rider and had no control over the vehicle. The insurer failed to establish a direct causal link between the alleged intoxication and the accident. Relying on Mohd. Siddique v. National Insurance Co. Ltd. (2020), the Court reiterated that mere violation of law does not justify reduction of compensation unless it contributed to the accident. Accordingly, the High Court set aside the deduction and enhanced the compensation, reinforcing the victim-centric approach under motor accident law.