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DELHI HIGH COURT
NAJMI WAZIRI
National Insurance Co. Ltd. – Appellant
Versus
Sushila – Respondent
JUDGMENT
Najmi Waziri, J. (Oral)
MAC.APP. 745/2019, CM APPL. 37356/2019 & CM APPL. 37357/2019
1. This appeal impugns the award of compensation on the following grounds:
(i) The compensation should not have been granted because the motorcyclist did not have a valid driving license; in other words, his ability to ride a motorcycle had not been tested by the Transport Authority.
(ii) The victim was a minor, therefore, he had put not only his own life at risk but also that of the pillion rider.
(iii) He was a threat to the safety and security of the other persons on the road and accidents caused by such motorcyclists or drivers are a dangerous threat to the safety of all road users and such irresponsible acts should neither be encouraged nor rewarded by way of grant of compensation.
2. Lastly, the appellant contends that apportionating only 25% of the contributory negligence of the motorcyclist, who did not possess the driving license, is on the lower side, because the motorcycle dashed into the insured vehicle from the rear side. The possibility of the accident happening because of the alleged rash and negligent driving of the insured vehicle is doubled on the ground that the moto
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