IMPORTANT POINT
Finding on basis of conjectures cannot be sustained.

JUDGMENT :

D.Y. Chandrachud, J.

1. Leave granted.

2. The present appeal arises from a judgment of the High Court of Karnataka dated 13 April 2016.

3. On 18 June 2012, the appellant who was riding a motorcycle bearing registration No.KA-04/EL-4782 met with an accident with a mini lorry belonging to the Second and Third respondents. The lorry was insured with the First respondent. As a result of the accident, the appellant suffered grievous injuries. The medical certificate issued by the Bangalore Baptist Hospital (Exhibits P-13 and P-14) indicate spinal injuries.

4. The appellant was twenty six years of age on the date of the accident and was working as a patroller in a private company. His income was Rs.11,000/- per month. The appellant filed a claim for compensation before the Motor Accident Claims Tribunal, seeking compensation in the amount of Rupees 40 lakhs. The appellant examined a doctor (PW 5) who deposed that the extent of permanent physical disability of the spine was thirty four per cent. The tribunal did not accept that the disability was thirty four per cent, noting that the doctor in his cross examination admitted that he had not personally treated the appellant and that the medical evidence did not provide a cogent determination of the extent of disability. The Tribunal assessed the disability at ten per cent. The income of the appellant was taken at Rs. 11,000 per month and a multiplier of seventeen was applied. The loss of income due to disability was computed at Rs. 2,25,000. Medical expenses were computed at Rs. 3,85,000. The Tribunal computed the total compensation (including conventional heads) at Rs. 9 lakhs. However, the tribunal held that the appellant was guilty of contributory negligence to the extent of forty per cent and hence granted sixty per cent of Rs. 9 lakhs amounting to Rs. 5.40 lakhs. In appeal, the High Court has enhanced the award of medical expenses by a further sum of Rs. 1,77,775 on the basis of the bills produced by the appellant. On the aspect of contributory negligence, the High Court affirmed the finding of the tribunal. The award of compensation of Rs. 9 lakhs has been enhanced to Rs. 10,77,775 and, after making a deduction of forty per cent towards contributory negligence, the appellant has been held entitled to an amount of Rs. 6,46,665. All the respondents have been held to be jointly and severally liable.

5. The respondents have been served in these proceedings. None has appeared.

6. On behalf of the appellant, it has been submitted that both the tribunal and the High Court were manifestly in error in holding the appellant to be guilty of contributory negligence to the extent of forty per cent. It has been submitted that the tribunal as well as the High Court proceeded on the erroneous premise that since the appellant had failed to produce the driving licence, an adverse inference on the aspect of contributory negligence would have to be drawn. Moreover, it was submitted that the entire discussion on contributory negligence is conjectural and is not worthy of acceptance. In this regard, reliance was placed on the judgment of this Court in Sudhir Kumar Rana Vs. Surinder Singh, (2008) 12 SCC 436.

7. Both the tribunal, and in appeal in the High Court, have found fault with the appellant for not having produced his driving licence. The tribunal noted that the appellant had admitted in the course of his cross-examination that the road where the accident took place was a two way road and that on each side, three vehicles could pass at a time. A suggestion was put to the appellant that while trying to overtake another vehicle, he had approached the offending lorry from the right side as a result of which the accident took place. The appellant denied the suggestion. The award of the tribunal indicates that absolutely no evidence was produced by the insurer to support the plea that there was contributory negligence on the part of the appellant.

8. Insofar as the judgment of the High Court is con