SATHEESAN Vs. MUSTHAFA

JUDGEMENT

(1.) The appellant while driving a motor bike, was hit by a car driven by the 1st respondent. The appellant admittedly did not have a driving license. The appellant approached the Tribunal with a claim for compensation for the injuries suffered and the disability occasioned. In fact, the appellant is said to be in a vegetative state, consequent to the accident. The disability certificate of the Medical Board produced as Exhibit X1 also shows 100% disability. The Tribunal found 50% negligence on the claimants part for reason of having no valid driving licence to drive a motor bike. The appellant is before this Court seeking enhancement of the compensation and deletion of contributory negligence. On the question of contributory negligence, the appellant has relied on the decision of the Honourable Supreme Court in 2008 (3) KLT 322 (SC) [Sudhir Kumar Rana Vs. Surinder Singh].

(2.) Sudhir Kumar Rana, a minor, while driving a two-wheeler, met with an accident with a mini truck driven rashly and negligently by its driver. The Honourable Supreme Court found so with respect to the contributory negligence:

(3.) On the binding precedent of the Honourable Supreme Court, the contributory negligence found against the appellant would have to be set aside. The Insurance Company would have to pay the entire compensation awarded. If mere absence of a valid license is the reason for finding negligence; then if that is permissible it has to be 100%. It is to be noticed that there is no appeal from the award of the Tribunal by the Insurance Company.