Non-holding of a driving license does not constitute contributory negligence if clear evidence shows the other party is solely at fault.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. Though these appeals are listed for admission, with the consent of learned counsel for both sides, they are taken up together for final disposal. MFA No.203090/2023 is filed by the claimants seeking enhancement of compensation. MFA No.204311/2023 is filed by the Insurance Company challenging the extent of its liability to pay the compensation amount as awarded in the judgment and award dated 12.04.2023 passed in MVC No.403/2022 by the Addl. Senior Civil Judge & MACT, Bidar (for short ‘the Tribunal’).

2. The brief facts leading to filing of claim petition are that, on 24.05.2022 the deceased was proceeding towards Meenkera to his land on his motorcycle bearing No.AP-12/G-9716 on Meenkera Chindholi road in a normal speed, at about 6:30 to 7:00 in between near Mallikarjun Tonte land, a lorry bearing No.KA-332/AA-1272 owned by respondent No.1 driven by its driver in a high speed, in a rash and negligent manner and in zig-zag manner dashed to the motorcycle of the deceased. As a result, the deceased fell down and sustained injuries and died on the spot. The claimants being wife and son of the deceased filed claim petition seeking compensation. The Tribunal after assessing awarded compensation and fixed the liability on the Insurance Company to pay entire compensation amount. Aggrieved by the said liability to pay the entire award amount, the Insurance Company has filed the appeal (MFA No.204311/2023). The claimants have also filed appeal (MFA No.203090/2023) seeking enhancement of compensation as awarded by the Tribunal.

3. Learned counsel for the Insurance Company would contend that the charge-sheet has been filed against the deceased and deceased was not holding the driving licence. Therefore, he has contributed to the accident and therefore, the liability to pay the entire compensation requires to be modified to the extent of contributory negligence on the part of the deceased. He further submits that, PW.1-wife of the deceased in her cross-examination has admitted that the deceased, who was her husband was not holding the driving licence. He further submits that he was not wearing helmet. Considering all these aspects, the Tribunal ought to have assessed contribution of the deceased to the accident and ought to have fixed contributory negligence on the part of the deceased also. With these he prayed to allow the appeal filed by the Insurance Company.

4. Learned counsel for the appellants-claimants would contend that the charge-sheet has been filed against the driver of the lorry for the offence under Sections 279 , 304-A of IPC. The charge-sheet filed against the deceased was for offence under Section 181 of M.V. Act, i.e. for not holding the driving licence. Considering that charge-sheet filed against the lorry driver for offence under Sections 279 , 304-A of IPC., the entire negligence is on the part of the driver of the lorry. On that point learned counsel for the claimants places reliance on the judgment of the Co-ordinate Bench of this Court in the case of Shivegouda vs. Manjeshgouda and another in MFA No. 617/2021 dated 16.07.2025.

5. Learned counsel for claimants further contended that the accident has taken place in the year 2022 and deceased was aged 58 years as on the date of the accident. The guidelines issued by KSLSA for the purpose of settlement of disputes before the Lok-Adalath prescribe a notional income of Rs.14,750/- for the year 2022. In considering the same, the income taken by the Tribunal at Rs.12,000/- per month is on the lower side. The Tribunal has rightly considered the future prospects at 10% and rightly applied multiplier as ‘9’ and deducted 1/3^rd towards his personal expenses. She further submits that the Tribunal has not awarded compensation on the head of loss of estate. With these she prayed to allow the appeal filed by the claimants.

6. Having heard learned counsels, this Court has perused the impugned judgment and other materials placed on record.

7. On per