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Srikrishna Kanta Singh v. The Oriental Insurance Company Ltd.

Civil Appeal · 2025 INSC 394Decided 25 Mar 2025
C.A. No.-004380-004380 - 2025 (arising out of SLP(C) No. 12459 of 2019)
Justice Sudhanshu Dhulia · Justice K. Vinod Chandran

Background

A young Block Development Officer riding pillion on a scooter was in a 1999 accident with a trailer truck, resulting in the amputation of both his legs. The claims tribunal awarded him compensation but held the trailer driver only 60% liable, finding the scooter driver (who held only a learner's licence) contributorily negligent for not being cautious enough; the High Court upheld this apportionment and further speculated, without evidence, that the claimant had pressured the scooter driver into giving him a pillion ride by abusing his official authority.

Decision Breakdown

The Supreme Court found that the police charge-sheet, filed after investigation, held only the trailer driver responsible for rash and negligent driving, and that the insurer had never even raised contributory negligence as a defence in its written statement before the tribunal, meaning the courts below wrongly relied on unproven, unexamined claims from the scooter owner's defence. It held that merely holding a learner's licence, or being hit at the tail end of a long trailer, does not by itself establish contributory negligence, which must be proved as a fact and not presumed. The Court set aside the finding of contributory negligence entirely, made the trailer's insurer liable for the full compensation, and additionally raised the total compensation from Rs. 7,50,000 to the full Rs. 16,00,000 claimed, given the lifelong cost of prosthetics and attendant care, with 7% simple interest from the date of the original award.

Lesson Learnt

Courts cannot invent or presume negligence against an accident victim based on speculation or an untested defence version; findings of contributory negligence must be backed by actual evidence, and lifelong injuries like limb amputation warrant compensation that accounts for recurring costs such as prosthetics and caregiver support.

Official source (sci.gov.in)View Judgment (PDF)

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