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DELHI HIGH COURT
NAJMI WAZIRI
Mohd. Tofique – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT
Najmi Waziri, J. (Oral)--These appeals impugn the award of compensation passed by the learned MACT on 11.02.2019 in MACP Nos. 499/2018 and 498/2018, dismissing the claim of the appellants on the ground that three persons were riding on a scooty-two wheeler, they were all minors. The said vehicle met with an accident, resulting in fatality of one of the pillion riders and head injuries were sustained by the other two. The rider of the scooty was the claimant/injured. He did not possess a driving licence. According to the narration of facts, the scooty was being driven by the minor; it was hit by the offending vehicle, which was being driven on the wrong side of the road and coming from the opposite direction at a very high speed. So the accident was as a result of the rash and negligent driving of the offending vehicle i.e. on the wrong side of the road. Had it not been driven on the wrong side, the accident would not have happened. The action of the minor, who was in breach of motor vehicle driving rules, for not wearing a helmet and not possessing a driving licence, may not have resulted in the unfortunate accident and fatality. Whether the pillion rider was counted as 1s
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