Victim Not Holding Valid Driving License Cannot Be Construed As Contributory Negligence In Accident Cases: Karnataka HC

The Karnataka High Court has held that contributory negligence cannot be attributed to the rider of a motorcycle who meets with a road accident, only because he was not holding a driving license to ride his vehicle.A single judge Justice Dr Chillakur Sumalatha said “Only because the appellant was not holding driving license to ride his vehicle which is involved in the accident it cannot be held that he contributed to the accident to occur when all other convincing evidence speaks that the rider of the other vehicle which is involved in the accident was solely at fault.” On 04.01.2015, the appellant Shivegowda while he was proceeding on his motorcycle along with his relative and when they reached near milk diary of Jodigatte, took u-turn and were proceeding towards Hirehalli Village, the rider of another motorcycle drove his vehicle in a rash and negligent manner endangering human life and at a high speed, came on the extreme right side of the road and dashed against his motorcycle, due to which he fell down and sustained injuries.The appellant challenged the order of the tribunal, which held that the appellant contributed to the accident occurring, and such contribution is 25%. It was submitted that though the appellant produced sufficient material to show that the accident occurred due to sole negligence on the part of the offending rider of the motorcycle, the Tribunal, basing on whimsy and unestablished grounds, has held contributory negligence against the appellant. Reliance was placed on the chargesheet filed by the police, which held that the accident occurred solely due to the rash and negligent riding of the rider of the offending motorcycle. Further, no evidence whatsoever is produced by the insurance company to show that the appellant contributed to the accident occurring. The Insurance company opposed the plea, submitting that the appellant was riding the motorcycle without possessing a valid and effective driving license. Findings: On going through the records, the bench noted that the owner of the vehicle bearing registration No.KA-13-V-3715, who is arrayed as respondent No.1 before the Tribunal, failed to contest the matter and therefore, he was set ex parte. The insurance company, except for producing the policy of insurance, did not adduce any other evidence, more particularly any evidence with regard to the alleged contributory negligence on the part of the appellant. "Thus no material whatsoever is on record to show that the appellant contributed for the accident to occur...this Court holds that the Tribunal erred in attributing contributory negligence on the part of the appellant," the court said.The bench held that the Tribunal ought to have awarded the entitled amount under the head loss of future earnings.Allowing the appeal in part, the court sai,d “Thus the appellant is entitled to a sum of Rs.5,67,000/- under the head loss of future earnings.” Appearance: Advocate Sampath Kumar for Advocate Pratheep K C for Appellant.Advocate O Mahesh for R2. Citation No: 2025 LiveLaw (Kar) 253Case Title: Shivegowda AND Nanjeshgowda & ANR Case No: MISCELLANEOUS FIRST APPEAL NO.617 OF 2021Click Here To Read/Download Order

Victim Not Holding Valid Driving License Cannot Be Construed As Contributory Negligence In Accident Cases: Karnataka HC

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