No Presumption of Negligence for Learner’s Licence Holder in Motor Accident Cases : Supreme Court

No Presumption of Negligence for Learner’s Licence Holder in Motor Accident Cases : Supreme Court

  • Case Name: Srikrishna Kanta Singh v. The Oriental Insurance Company Ltd.

The Supreme Court ruled that holding a learner's license does not automatically imply contributory negligence in motor accident claims.

The case involved a Block Development Officer who lost both legs while riding pillion on a scooter that collided with a negligently driven trailer.

The lower courts reduced his compensation, attributing partial fault to the scooter driver due to his learner's license

The Supreme Court overturned these decisions, stating that negligence must be proven, not presumed. 

It increased the victim's compensation to ₹16 lakh, holding the trailer driver solely responsible and directing the insurer to pay the full amount. 

Court Order / 3 months ago

 Arsalan AzmiBookmark