In Brief
A Block Development Officer riding pillion on a two-wheeler suffered bilateral leg amputation in a 1999 accident with a trailer. The Motor Accident Claims Tribunal awarded ₹7.5 lakhs with 60% liability apportioned to the trailer's insurer, finding the scooter driver partially negligent. The High Court upheld this, citing the scooter driver's learner's licence and the B.D.O.'s misuse of authority. The Supreme Court reversed, holding that the police charge sheet established the trailer driver's sole negligence, that a learner's licence does not constitute accident-related negligence, and that the scooter driver's absence from appeal proceedings did not prejudice absolution findings. The Court awarded the full ₹16 lakhs claimed, recognizing lifetime prosthetic and attendant care costs, with 7% interest from the award date.
The lawyer headnote and full judgment text are available to registered users.