JUDGMENT (S.B. SINHA, J)

1. Leave granted.

2. Appellant was driving a two-wheeler bearing registration No. DL-45 AQ 0731 on 30.10.2003. He was aged about 17 = years. He met with an accident, as allegedly respondent No.1 was driving a mini-truck rashly and negligently. He suffered the following injuries in the said accident:

"1. Crush injury over right root.

2. Fracture fifth M.T. bone and joint.

3. Fracture P.P. little toe. (Total 3 fractures)

4. Abrasions over left side trunk, right-foot, right-leg, right-hand and left-knee

5. Profusely Bleeding.

6. Abrasions and blunt injuries all over body."

3. Appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act"). The Tribunal opined that as the appellant did not possess a driving licence, he must be held to have contributed to the accident. Although a sum of Rs. 30,000/- was awarded by way of compensation, in view of the finding that he was guilty of contributory negligence on his part, found to be entitled to a sum of Rs. 12,000/- only. The High Court by reason of the impugned judgment has dismissed the appeal preferred by him under Section 173 of the Act.

4. The question which arises for