*Whether minor driving motor cycle without licence is entitled to get compensation in case of accident?*
Heard the learned advocates appearing on behalf of
the respective parties at length. At the outset, it is required to
be noted that in a vehicular accident between the Motorcycle
No.GJ 2 AA 5546, which at the relevant time was being driven
by the original injured claimant-minor and one Jeep No.GJ 2 R
3829, driver of the Motorcycle-original injured claimant
sustained permanent partial disability to the extent of 7%. It
is also required to be noted that as such on appreciation of
evidence, the learned tribunal has held the driver of the Jeep
involved in the accident sole negligent in the accident. Under
the circumstances and normally once the driver of the
offending vehicle is held to be sole negligent for the accident
the original claimant is entitled to the compensation from the
driver-owner and the Insurer of the vehicle whose driver is held
to be sole negligent. As per settled proposition of law only that
much amount is required to be deducted and / or original
claimant is not entitled to the extent he is held contributory
negligent for the accident. However, in the present case, the
learned tribunal has deducted 70% i.e. 10% towards
negligence of the minor injured claimant and 60% towards
negligence of the father-owner of the Motorcycle permitting his
minor son to drive the Motorcycle though he was not holding
valid license to drive the Motorcycle. On the aforesaid ground
no amount of compensation could have been deducted and / or
denied to the original claimant, more particularly, when so far
as the accident is concerned the original injured claimant is
not held negligent / contributory negligent at all.
*IN THE HIGH COURT OF GUJARAT AT AHMEDABAD*
FIRST APPEAL NO. 2029 of 2008
*MINOR SHAKTISINH ZALA.*
V
*ZALA RANVIRSINH RANUBHA & 4.*
CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
Date : 25/02/2016
*Citation:2016(6) ALLMR(JOURNAL)7*
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