Justice Jayachandran on taking note of the nature of the injury and period of hospitalisation added a sum towards medical expenses and directed the insurance company to pay a compensation of Rs 1.52 lakh within eight weeks.

‘No licence? Contributory negligence cut justified’
Published: Apr 15,202103:14 AM

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The Madras High Court, while deciding on the compensation for a two-wheeler rider who sustained 7.5 per cent permanent injury after hitting against a lorry, held that the reduction of 10 per cent by the tribunal as contributory negligence from the compensation amount for lack of driving licence is justifiable and needed.

Madras High Court (File Pic)
Madras High Court (File Pic)
Chennai: Justice G Jayachandran before whom the appeal filed by the claimant seeking enhancement of compensation came up, said “Though the FIR was registered against the lorry driver, despite a specific defence that the claimant has no driving licence and instead of producing his licence has only produced the licence of the offending lorry driver, this court finds no error in deducting 10 per cent towards contributory negligence.”

As per the case, the claimant was riding a motorcycle along Perumbalur-Attur main road on October 16, 2015, when an Eicher lorry dashed against his bike and caused the injury to him. The tribunal, on taking note of the salary certificate of the claimant and the medical records, awarded Rs 1,58,086 from which 10 per cent was deducted as contributory negligence.

The claimant had submitted that the tribunal failed to take note of the fact that as per the FIR the accident occurred solely due to the negligence of the lorry driver and therefore, the reduction towards contributory negligence is uncalled for and unjustified.

On the other hand, the insurance company claimed that besides lack of driving licence, the sketch prepared by the Investigating Officer showed that the accident was caused due to the claimant’s negligence and hence he is not entitled to any compensation.

However, Justice Jayachandran on taking note of the nature of the injury and period of hospitalisation added a sum towards medical expenses and directed the insurance company to pay a compensation of Rs 1.52 lakh within eight weeks.