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2018 Supreme(Ker) 550

K.VINOD CHANDRAN
E. K. Satheesan S/o Govindan – Appellant
Versus
Musthafa K. P. S/o Ali A. P. – Respondent


Advocates Appeared:
For the Appellant : Sri. M. Sasindran.
For the Respondents: Sri. A.A. Ziyad Rahman, Sri. Joy Joseph.

JUDGMENT :

1. The appellant while driving a motor bike, was hit by a car driven by the 1st respondent. The appellant admittedly did not have a driving license. The appellant approached the Tribunal with a claim for compensation for the injuries suffered and the disability occasioned. In fact, the appellant is said to be in a vegetative state, consequent to the accident. The disability certificate of the Medical Board produced as Exhibit X1 also shows 100% disability. The Tribunal found 50% negligence on the claimants part for reason of having no valid driving licence to drive a motor bike. The appellant is before this Court seeking enhancement of the compensation and deletion of contributory negligence. On the question of contributory negligence, the appellant has relied on the decision of the Hon'ble Supreme Court in Sudhir Kumar Rana vs. Surinder Singh, 2008 (3) KLT 322 (SC).

2. Sudhir Kumar Rana, a minor, while driving a two-wheeler, met with an accident with a mini truck driven rashly and negligently by its driver. The Hon'ble Supreme Court found so with respect to the contributory negligence:

“7. The question is, negligence for what? If the complainant must be guilty of an act or




















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