38.6c New Delhi, India, Friday, August 29, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Driving without licence, an offence, not necessarily finding of negligence in accident cases: SC [Read Judgment]

By Jhanak Sharma      27 March, 2025 07:14 PM      0 Comments
Driving without licence an offence not necessarily finding of negligence in accident cases SC

NEW DELHI: The Supreme Court has said when a person drives a vehicle without a licence, he commits an offence, however, this cannot lead to a finding of negligence with regard to the accident.

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran said in a motor accident claim, there is no adversarial litigation and it is the preponderance of probabilities which reign supreme in adjudication of the tortious liability flowing from it.

SC Ruling on Driving Without Licence: Does It Always Mean Negligence in Accidents?

The court granted enhanced compensation of Rs 16 lakh to the appellant Srikrishna Kanta Singh, then Block Development Officer, now promoted as an IAS officer, whose both the legs were amputated in an accident with a trailer on November 3, 1999.

He was riding on a scooter, driven by a man with the learners licence.

In its judgment, the court found the Motor Accident Claims Tribunal erred in finding contributory negligence of the scooter driver and the High Court too committed a similar error in affirming it.

The Tribunal had awarded him Rs 7.5 lakh. The High Court dismissed his appeal, holding that the scooter driver had only a learners licence which does not entitle him to carry a pillion rider.

On his appeal, the bench said, "We do not think that the mere fact that the driver of the scooter had only a learners licence would necessarily lead to a conclusion of.contributory negligence on the part of the scooter driver."

The court noted the police after investigation, chargesheeted the driver of the trailer finding clear negligence on him, which led to the accident.

"The Tribunal, on a mere imaginative surmise, found that since the scooter collided with the tail-end of the trailer, it can be presumed that the driver of the scooter was not cautious, which in any event is not a finding of negligence," the court said.

₹16 Lakh Compensation Awarded: Supreme Court Clears Misconception on Learner’s Licence

The bench pointed out the finding that the driver was not cautious is one thing and finding negligence is quite another thing.

"Prima facie, we are satisfied that the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal," the bench said.

After noting that the trailer was driven rashly and negligently, the bench said the mere fact that the driver of the scooter had only a learners licence would necessarily lead to a conclusion of contributory negligence on the part of the scooter driver.

There can be no negligence found on the scooter driver also by the mere fact that the accident occurred on a collision at the tail-end of a long trailer, when the scooter driver had better visibility; which is a question of fact liable to be proved and not merely presumed, the bench said.

The court also held the High Court's finding that the appellant, then working as Block Development Officer, had exercised his authority to travel pillion, despite being aware of the driver holding only a learners licence, besides being "farfetched is not supported by any evidence".

 [Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

adult-woman-free-to-live-with-married-man-personal-autonomy-prevails-over-morality
Trending Judiciary
Adult Woman Free To Live With Married Man, Personal Autonomy Prevails Over Morality: Madhya Pradesh HC [Read Order]

Adult woman has right to live with married man, rules MP High Court; says personal autonomy outweighs moral concerns.

23 August, 2025 04:00 PM
sc-issues-notice-to-bci-on-plea-against-3-yr-moratorium-on-new-centre-for-legal-education
Trending Judiciary
SC issues notice to BCI on plea against 3-yr moratorium on new centre for legal education

SC issues notice to BCI on plea challenging 3-year moratorium on new legal education centres, calling it arbitrary and violative of fundamental rights.

23 August, 2025 05:13 PM
punjab-and-haryana-hc-upholds-denial-of-furlough-to-life-convict-rules-temporary-release-is-a-concession-not-a-right
Trending Judiciary
Punjab and Haryana HC Upholds Denial of Furlough to Life Convict, Rules Temporary Release Is A Concession, Not A Right [Read Order]

Punjab & Haryana HC upholds denial of furlough to life convict, rules temporary release is a concession, not a right, under 2022 law.

23 August, 2025 05:16 PM
sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email