Absence of a driving licence does not establish contributory negligence without proof of causal contribution.

The claimants— the deceased Vinoth’s wife, minor son, parents and sisters—sought compensation for his death following a collision between the auto-rickshaw he was driving and a Bolero van on 22 May 2023

The Motor Accident Claims Tribunal awarded Rs.42,76,000. The insurer appealed, disputing liability and the quantum of compensation

Whether the Tribunal was justified in fixing liability on the insurer’s vehicle despite the FIR initially recording an unknown vehicle and the deceased allegedly lacking a valid driving licence

Whether the Tribunal’s award of Rs.42,76,000, including its assessment of income and future prospects, warranted appellate interference

Under Section 173 of the Motor Vehicles Act, 1988, an aggrieved party may appeal against a Motor Accident Claims Tribunal’s award

The Court applied the principle that absence of a driving licence does not, by itself, establish contributory negligence; the insurer must show that the absence actively contributed to the accident

It also referred to National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, as a framework for assessing compensation, including future prospects

The Court relied on the final report, which identified the insured van’s driver as responsible for rash and negligent driving. Although the FIR initially referred to an unknown vehicle, the insurer did not examine the investigating officer or produce independent evidence that the final report was collusive or fraudulent

Nor did the insurer establish that the deceased’s lack of a driving licence contributed to the collision

On quantum, the Court found no basis to disturb the Tribunal’s assessment, which it considered consistent with the applicable compensation guidelines

It directed the insurer to deposit the award, with interest at 7.5% per annum from the claim petition date and costs, within four weeks, less any amount already deposited. It further directed payment to the adult claimants and investment of the minor claimant’s share in a fixed deposit, with quarterly interest payable to his mother for his welfare