M.Y.Eqbal and Jaya Roy, JJ. - (1.) THIS appeal is directed against the judgment and order dated 30.5.2007 passed by the Motor Accidents Claims Tribunal, Giridih in Motor Vehicle Claim Case No. 44 of 2000 whereby he has awarded a sum of Rs. 1,32,500 by way of compensation for the death of the deceased. The claimants- appellants have filed this appeal for the enhancement of compensation.
(2.) THE facts of the case lie in a narrow compass: THE deceased was driving a Rajdoot motor cycle bearing No. BR 17-E 1819 and was going to Parastand at his sister's house. When the motor cycle reached in front of the shop of Bharat Mistry a truck bearing No. WB 25-A 1243 dashed against the said motor cycle causing death of the deceased. The owner and insurer of the truck contested the case on various grounds including that the deceased was driving the motor cycle without holding any driving licence and due to negligence of the driver of the motor cycle the accident took place. The Tribunal after taking into consideration the facts regarding earning of the deceased assessed the compensation amount at Rs. 1,92,000. However, holding that there is contributory negligence on the part of the deceased, 20 per cent of the compensation amount was deducted and the award was passed for Rs. 1,32,500.
(3.) MR. Arvind Kumar Lal, learned counsel appearing for the appellants submitted that the defence taken by the insurance company that the deceased was not holding a licence to drive the motor cycle is not available to it. This defence can be taken only by the owner or insurer of the motor cycle. In our view submission made by the counsel is wholly misconceived and devoid of any substance. Under law a person is not entitled to drive a motor cycle without holding a valid driving licence. However, without obtaining any driving licence a person drives the motor cycle and meets with an accident, presumption would be that he was not competent to drive the motor cycle.;