In Brief
A 26-year-old motorcycle rider suffered spinal injuries in a collision with an insured mini lorry. The tribunal awarded Rs 9 lakh but deducted 40% for contributory negligence, as the appellant lacked a driving licence and could not prove his driving skill. The High Court upheld this. The Supreme Court found the negligence finding baseless—the insurer produced no evidence of rash driving, only conjecture. Absence of a licence alone cannot prove negligence. The Court set aside the 40% deduction, awarding an additional Rs 4.60 lakh with 8% interest from the petition date.
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