Driving a vehicle without a license is not in itself a reason to infer negligence.

JUDGMENT :

J.J. MUNIR, J.

1. This is an appeal by the claimants of Motor Accident Claim Petition No. 219 of 2004, seeking enhancement of compensation awarded by the Tribunal.

2. On the 16th of January, 2004, Abdul Maroof, a youth of sixteen years, was proceeding on his motorcycle bearing Registration No. UP-32-AB-2993, at 06:45 a.m. to a certain Sigma Coaching. He had left home for the coaching centre. At about 7 O’ Clock, as Maroof reached the Indian Press Crossroads, within the local limits of Police Station Colonelganj, District Allahabad (now Prayagraj), a truck bearing Registration No. UP-70-Y-9448, driven at a high speed and negligently by its driver, hit the motorcycle on the rear side. The truck caused the accident, moving to the wrong side of the road. The impact caused Maroof to sustain grievous injuries. The truck dragged the motorcycle and the victim across some distance, and turning left from the Indian Press Road Crossroads, made good its escape via the Balson Crossroads.

3. The victim was carried by his cousin, Parvez Ahmad, who witnessed the accident, to the Priti Hospital for medical aid. After administering some treatment, the victim was referred to the Beli Hospital. While on way to the Beli Hospital, the victim breathed his last on board ambulance.

4. A First Information Report [for short ‘FIR’] regarding the incident was lodged by Parvez Ahmed with the Police on 16.01.2004 at 08:30 a.m. giving rise to Crime No. 13 of 2004, under Sections 279, 337, 338, 427, 304A of the Indian Penal Code, 1860, Police Station Colonelganj, District Allahabad. The present claim petition was instituted by the deceased’s father, Abdul Hamid Khan on his own behalf, and that on behalf of the deceased’s mother, Smt. Kausari Begum, and his sister Kumari Fauzia Begum.

5. According to the claimant-appellant Abdul Hamid Khan, the deceased had passed his intermediate examination in the first division and was preparing to write his competitive examination for the purpose of seeking admission to his undergraduate engineering course. It was for the said purpose that he was going to the coaching institute, when the accident happened. The deceased would attend the Sigma Physics Centre in the morning hours, and, in the evening batch, at the Yes Academy, Tashkand Road, Civil Lines, Allahabad. The deceased’s date of birth was 08.10.1987. The claimant has asserted that the deceased would earn an estimated sum of Rs. 15,000 per month.

6. Opposite party No. 1 to the claim petition and respondent No. 1 to this appeal, Vijay Kumar Singh, is the owner of the offending truck, a DCM make. He shall hereinafter be called ‘the owner’. Opposite party No. 2 to the claim petition and respondent No. 2 to this appeal are the National Insurance Company Limited, Civil Lines, Prayagraj, who are the insurers of the offending vehicle. They shall hereinafter be referred to as the insurers.

7. A written statement was filed on behalf of the owner. The ownership of the offending truck was acknowledged, but the accident was denied. It was further pleaded that on the date and time of the accident, the offending truck was insured with the insurers. In the additional pleas, the case taken is that the offending vehicle was being operated by its driver carefully and slowly. The driver was one Ajay Kumar Pal son of R.N. Pal, who held a valid driving license bearing number A/347/2, valid from 18.01.2001 to 12.01.2005. The deceased was riding his motorcycle rashly and negligently at the time of the accident. The sole cause of the accident was the deceased’s negligent driving. The deceased was a minor. He had no driving license, authorizing him ride a motorcycle. The insurers of the motorcycle were not impleaded, rendering the claim petition bad for non-joinder of necessary parties. The deceased had no income and that claimed for him in Column No. 6 was denied as incorrect.

8. A sep