Himachal Pradesh High Court Rules Driving Without Licence Does Not Amount to Contributory Negligence

The Himachal Pradesh High Court enhanced compensation in a 2013 fatal accident where a 16-year-old was hit by a tipper truck.

The tribunal had earlier awarded ₹3,42,750 after reducing compensation by 25% on account of alleged contributory negligence because the deceased lacked a driving licence.

The Court held that driving without a licence did not contribute to the accident and cannot be treated as contributory negligence under Section 166 of the Motor Vehicles Act. It found the notional income undervalued and said prospects must be added when assessing compensation.

The amount was accordingly enhanced.

[Madhu Joshi & Anr. v Rajesh Kumar alias Sonu and Ors.]