Minor without driving license cannot be denied compensation: SC

Minor without driving license cannot be denied compensation: SC The Supreme Court has ruled that if a minor driving a vehicle is involved in a road accident he cannot be denied compensation for not being in possession of a valid license. "If he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of contributory negligence," the apex court queried while upholding an appeal filed by a minor. The appellant Sudhir Kumar Rana (17) was driving a two-wheeler which collided with a mini truck being driven rashly and negligently in which he sustained injuries. Rana filed a claim petition, but the Motor Accidents Claims Tribunal (MACT) awarded him a mere Rs 12,000 on the ground that his action of driving the vehicle without a license amounted to "contributory negligence." The High Court upheld the tribunal's argument following which Rana filed the SLP in the apex court. The apex court said "ordinarily the doctrine of contributory negligence is not applicable in case of children with the same force as in the case of adults." It further observed, "If a person drives a vehicle without a license, he commits an offence. The same, by itself, in our opinion, may not lead to a finding of negligence as regards the accident." Hence the apex court while quashing the ruling of the tribunal said Rana would be entitled to an enhanced compensation of Rs 30,000.

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