VidhiSangh

Supreme Court of India · 15/12/2017

SRI DINESH KUMAR J. @ DINESH J. versus NATIONAL INSURANCE CO. LTD. & ORS .

[2017] 12 S.C.R. 499 · 2017 INSC 1247

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Summary

An injured motorcyclist challenged a forty per cent deduction for contributory negligence. The Court found no evidence supporting the insurer’s plea: nonproduction of a driving licence, absence of eyewitnesses and comparative vehicle damage did not establish that the claimant’s negligent driving contributed to the accident. It ordered additional compensation.

Issues

  1. Whether contributory negligence could be inferred without evidence of the claimant’s negligent driving, principally from failure to produce a licence.

Held

Result

Appeal allowed without costs. As expressly ordered, an additional Rs.4,60,000 over the High Court award was payable with 8% annual interest from the petition until realisation; insurer to deposit within three months for release to the claimant.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 499.