The Delhi High Court has refused to grant compensation to the family of a young motorcyclist, who died in a truck accident, as he did not have a valid driving licence.
In the absence of a valid permit to drive, the victim should not have driven motorcycle in public road which automatically inferred a "definite threat" to the general public, the court said.
It said that the truck driver merely being a party to the accident per se does not make him liable, even when the claimants have not discharged their onus.
Justice I S Mehta dismissed the appeal of family of victim Ziyakhan, 21, who died in the road accident in August 2012, against the order of a trial court denying them the claim.
The high court said the initial onus for a valid licence lay with the claimant, and thereafter on the negligent part of the truck driver.
"Once the claimant discharges the onus that he was driving the motorcycle on the road with a valid driving licence, then only the question of negligence on part of the truck driver arise," the court said.
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"In the instant case, the deceased neither had a learner's driving licence nor was having a valid driving licence. At the most the deceased would have been permitted to ride the motorcycle in a closed territory and not on the public road," it said, adding that his family has not examined any evidence to prove that the victim was holding the driving licence at that time.
The court said the victim's act of driving motorcycle on the public road in the middle of the night was on his own risk and before seeking the relief, the claimant has to prove that the victim was holding a valid permit to drive at the time of the incident under the Motor Vehicles Act.
"In absence of a valid permit to drive, deceased should not have driven motorcycle on public road which automatically infers a definite threat to the general public. In the instant case, time of the accident is 3:15 AM when generally the roads are free from traffic, if a person drives on the public road without valid driving license, the inference drawn could only be of accident and such act would not attract tortuous liability," it said.
According to the petition filed by the family, Ziyakhan was riding the motorcycle at around 3:15 AM on August 30, 2012, and was going from Darya Ganj to Mehrauli here.
While going to Mehrauli, he opted wrong direction of one way road and reached in front of BSES office in Darya Ganj where his motorcycle was hit head on to a truck on MCD duty, it claimed.
Due to the impact, the victim fell down and sustained injuries and was taken to a government hospital where he was declared brought dead by the doctors.
A case of rash and negligent driving was lodged at Darya Ganj police station and charge sheet was filed against the truck driver.
The family had said that Ziyakhan was earning Rs 12,000 per month and was their sole bread earner and sought Rs 50 lakh compensation for his death.
The truck driver, in his statement to the court, had said that the accident had not occurred due to his rash and negligent driving and it was the victim who riding the vehicle at a high speed on the wrong side of the one way road, resulting in the accident.