Srikrishna Kanta Singh vs Oriental Insurance Company Ltd 2025 INSC 394- Motor Accident Compensation - Contributory Negligence
Motor Accident Compensation - When a person drives a vehicle without a licence, he commits an offence, which by itself cannot lead to a finding of negligence, leading to or as regards, the accident- Referred to Sudhir Kumar Rana v. Surinder Singh (2008) 12 SCC 436 [ Context: In this case, the court held: The mere fact that the driver of the scooter had only a learners licence would necessarily lead to a conclusion of contributory negligence on the part of the scooter driver.
Motor Accident Compensation - In a motor accident claim, there is no adversarial litigation and it is the preponderance of probabilities which reign supreme in adjudication of the tortious liability flowing from it (Para 11)- Finding that the driver was not cautious is one thing and finding negligence is quite another thing. (Para 12) There cannot be separate compensation awarded for permanent disability, physical discomfort and loss of amenities of life. (Para 16)
