SUDHIR KUMAR RANA Vs. SURINDER SINGH & ORS
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Motor Vehicles Act, 1988 - Section 168
Contributory negligence - Legality of - Appellant not having valid licence met with accident with mini truck - Tribunal assessed compensation of Rs. 30,000/- - Tribunal further held appellant guilty of contributory negligence, hence entitled to sum of Rs. 12,000/- only - If a person drives vehicle without licence he commits offence - Same by itself would not lead to a finding of negligence as regards accident - Finding of court below that driver of mini truck driving rashly and negligently - No part of negligence on part of appellant - Appellant not guilty of contributory negligence - Appellant entitled to Rs. 30,000 as compensation with 7% p.a. interest.
Topic(s)-Motor Accident Claim , Compensation , Contributory Negligence
Important Decision(s)- If a person drives vehicle without licence he commits but it would not lead to a finding of negligence as regards accident.