Karnataka High Court
Credit: iStock Photo
Just because a motorcyclist didn’t have a driving licence doesn’t mean the accident occurred due to his negligence, the High Court of Karnataka has held and awarded enhanced compensation to the victim.
On April 25, 2018, Ranjith, a resident of Honnavalli village, Tiptur taluk, Tumakuru district, was riding on Tiptur-Huliyur road. According to him, due to rash and negligent driving of another motorcycle, his motorcycle met with an accident at Halenahalli. He sustained injuries, including fracture, and suffered permanent disability. He moved the accident tribunal seeking a compensation of Rs 15 lakh.
On March 23, 2021, the tribunal at Tiptur awarded him a compensation of Rs 6,22,295 with 7% interest. It directed Basavarajappa, the owner of the other vehicle, to pay the compensation on the grounds that he had no valid and effective driving licence.
The tribunal noted that the driving licence was valid from April 17, 2013, to April 16, 2018, and the accident occurred on April 25, eight days after the licence expired.
Ranjith, however, moved the high court seeking higher compensation, contending that the tribunal had awarded meagre compensation. The family members of Basavarajappa (now deceased), also challenged the verdict.
Justice Umesh M Adiga noted that under the proviso to the unamended Section 14 of the Motor Vehicles Act, the expiry date of a driving licence shall be deemed to have been extended by 30 days, and the renewal may be made within that period.
“According to the proviso to Section 14, one month’s grace period was given after expiry of the licence period. In view of the said proviso, the date of expiry of the driving licence is deemed to be extended by 30 days from the date of its expiry, and within that period, the said accident occurred. Under these circumstances, the finding of the tribunal that at the time of incident, rider of the said vehicle had no driving licence is not tenable, which required to be set aside,” the court said.
The court further said, “Secondly, merely not holding a driving licence cannot be a ground to presume that the accident occurred due to the negligence of the rider of the motorcycle. The said proposition of law has been laid down by Hon’ble Apex Court in the case of ‘Sudhir Kumar Rana vs Surinder Singh and Ors’.”
Based on the notional income chart of the Karnataka State Legal Services Authority, the court assessed that Ranjith, an agricultural worker, earned Rs 12,500 per month and directed the insurer to pay Rs 2,79,000 as additional compensation along with
6% interest.
The compensation amount deposited by Basavarajappa’s family was ordered to be returned to them.