Dinesh Kumar J. @ Dinesh J, vs National Insurance Co. Ltd on 15 December, 2017
6. It is contended that as regards the finding on
contributory negligence, the Tribunal has grossly erred
in coming to the conclusion that the petitioner has
contributed to the extent of 50% as regards the accident
as it has merely relied upon the possession of learning
licence by the petitioner and that the motor cycle was
being ridden by him without any pillion rider who
possessed a permanent licence. It is further contended
that by relying on the judgments of the Apex Court in
the case of Dinesh Kumar J Vs. National Insurance
5
Company Limited and others reported (2018) 1 SCC 750,
that it should not be sufficient for mere absence of
licence but it had to be further proved that absence of
licence had contributed to the negligence.