'Car owner responsible for minor's accident'...

S Venkateshwari

'Car owner responsible for minor's accident'...

In an important decision in 2011, the supreme court said that if a minor meets with an accident while driving, then the owner of that vehicle will have to pay compensation. In this case, the supreme court upheld the compensation of more than Rs 8 lakh to the family of the deceased. The court also said that it is the responsibility of the motorcycle owner to ensure that his vehicle is not misused or driven breaking traffic rules.

The bench of Justice Altamus Kabir and Justice Cyriac Joseph rejected the argument of car owner jawahar Singh in which he had said that his minor nephew had taken the keys of the bike without his knowledge. Therefore they cannot be held responsible for this accident.

This entire matter is of July 18, 2004. In Delhi's Geeta Colony, a minor boy hit mukesh Jain's scooter with his bike. At that time, along with mukesh Jain, his son shashank Jain was also riding on the scooter. mukesh Jain unfortunately died in the accident. The Motor Vehicle accident Claims Tribunal ordered a compensation of Rs 8,35,067 to the family of the deceased.

In this case, the high court had accepted that the person who caused the accident was a minor and while riding the bike, he was breaking the Motor vehicles Act 1988 and the rules made under it. Dissatisfied with this decision, jawahar Singh appealed to the supreme Court.

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