High Court of Kerala allowed Motor Accident Claims Appeal, holding that absence of a driving license does not constitute contributory negligence. Ordered payment of full compensation without deduction.
Payment of Rs. 2,63,080/- without interest for delay period, together with interest at 7.5% from date of filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.A.C.A.2734/2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944
MACA NO. 2734 OF 2017
AGAINST THE ORDER/JUDGMENTOPMV 231/2008 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT -IV, THRISSUR / III ADDITIONAL MACT, THRISSUR
APPELLANT/PETITIONER:
SHAMMER, AGED 33 YEARS, S/O SALEEM, MUKKIL HOUSE,P.O KAIRADY, AYILOOR PANCHAYATHPALAKKAD.
BY ADV SMT.ANUPAMA SUBRAMANIAN
RESPONDENT/RESPONDENT:
NATIONAL INSURANCE CO. LTD
REPRESENTED BY ITS BRANCH MANAGER,DIVISIONAL OFFICE, NO.10, KOLLANNUR DEVASSYSMARAK BUILDING, ROUND EAST, THRISSUR.
BY ADV SRI.E.M.JOSEPH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.2734/2017
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C.JAYACHANDRAN, J.
M.A.C.A.2734 of 2017
Dated this the 15th day of July, 2022
J U D G M E N T
1. The compass of this appeal is quite narrow, that
is to say, the deduction of 30% of the compensation
amount, attributing contributory negligence on the part
of the appellant, for the reason that, he was not having
a driving license at the relevant time.
2. Heard Sri.Anupama Subramanian, learned counsel
for the appellant and Sri.Joseph E.M., learned counsel
for the sole respondent/insurance company.
3. Learned counsel for the appellant/claimant
submitted that the question of negligence, if any, on
the part of the petitioner/appellant was considered separately in the impugned award, where, it is seen
M.A.C.A.2734/2017
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negated. However, for the sole reason that the
appellant/claimant was not having a driving license, 30% of the compensation amount is deducted by attributing negligence, which course is not legal. Learned counsel placed reliance upon the judgment of the Hon'ble Supreme Court in Sudheer Kumar Rana v . Surindra Singh & Ors. [(2008(3) KLT 322] to point out that the absence of
license may constitute an offence; however, the same will not constitute negligence in law.
4. Learned counsel for the respondent/insurance company would agree that, no negligence was found against the appellant/claimant, in so far as the
accident is concerned and that contributory negligence is attributed only for want of driving license. In view of the authoritative pronouncement of the Honourable Supreme Court in Sudheer Kumar Rana (supra), this Court
is of the opinion that the view taken by the learned Tribunal in attributing contributory negligence to the
appellant/claimant cannot be sustained, more so, when no
M.A.C.A.2734/2017
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rash and negligent act has been found against the
appellant/petitioner, in so far as the accident is
concerned. In the circumstance, this appeal is only to be allowed. No other point was urged before this Court.
This Court, therefore, directs that the entire
compensation amount, which was found payable to the appellant/claimant, without effecting any deduction, is to be paid to the claimant.
In the result, M.A.C.A is allowed directing
payment of Rs.2,63,080/- [Rupees two lakh sixty three thousand and eighty only] to the claimant towards compensation, together with interest @7.5% from the date of petition till the date of realization. If any amounts have already been paid, the same shall be granted set off. Since there was a delay of 456 days in filing the appeal, the interest for the enhanced quantum shall not run for the said period, as directed in order dated
22.09.2017 in C.M.A.No.3065/2017 in this appeal. The claimant shall produce the details of the Bank account
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before the Insurance Company/Tribunal within two months
from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not given within the time stipulated, it is made clear that, no interest shall run on the enhanced amount after the
period stipulated by this Court. However, if the Insurance Company fails to deposit the amount, as directed, interest on the enhanced amount shall also run
at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent.
Sd/-
C.JAYACHANDRAN JUDGE
Sbna/
1 issue framed by the court
Whether deduction of compensation due to absence of driving license constitutes legal contributory negligence.
Colour shows how this judgement treated each authority
Sudheer Kumar Rana v. Surindra Singh & Ors.Followed¶3
Sudheer Kumar Rana v. Surindra Singh & Ors. [(2008(3) KLT 322]
Shammer
National Insurance Co. Ltd
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court