FIRST LAW

Motor Accident Claims - C ontributory Negligence -  there is no tittle of evidence about the motorcycle being driven negligently by the appellant at the time of accident - The respondents did not produce any such evidence - That fact, therefore, cannot be assumed - Resultantly, the argument of the respondents that the appellant did not possess a valid motorcycle driving licence at the time of accident, will be of no significance - Thus, there is no legal evidence to answer the issue of contributory negligence against the appellant.

Motor Accident Compensations -  'compensation for future treatment' - Minor -  living in a vegetative state -  further amount of Rs.35,00,000 to the minor claimant - additionally awarding a sum of Rs.15,00,000/- to the mother of the claimant.

Motor Vehicles Act, 1988 - Ss. 166 & 168 - Computation of Income - Student - deceased was a bachelor, aged 20 years - Tribunal refused to accept certificates of monthly earning of Rs 15,000 - Tribunal adopted an income of Rs.6,000/- per month and since the deceased was a bachelor, it deducted a sum of Rs 3,000/- per month towards personal expenses - Held, the Tribunal has given cogent reasons for declining to accept the income certificates which were relied upon by the father of the deceased. No witnesses were examined on behalf of the companies which were alleged to have issued the certificates to prove the certificates. Evidently there was a failure to establish that the deceased, who was a student pursuing his C.A. was in receipt of a monthly income of Rs 15,000/-. Hence, the assessment of income by the Tribunal cannot be faulted.