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
- Whether contributory negligence could be inferred without evidence of the claimant’s negligent driving, principally from failure to produce a licence.
Held
- The insurer produced no evidence of contributory negligence. A denied suggestion of overtaking and conjectures from vehicle damage or lack of eyewitnesses did not supply a factual basis for the deduction. (¶ 7–8)
- Driving without a licence may be an offence, but does not by itself establish negligence contributing to an accident. Once contributory negligence lacked proof, nonproduction of the licence was irrelevant to the deduction. (¶ 8–9)
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.