Vehicle owner to pay Rs.29 lakh for breaching terms of licence
The Delhi High Court has asked the owner of a two-wheeler to pay Rs. 29 lakh as compensation for breaching the terms and conditions of the driving licence by allowing a minor to drive the vehicle, killing a pedestrian in 2008.
The court modified an order by the Motor Accident Claims Tribunal. The tribunal had exonerated the insurance company from the compensation liability when it was established that the vehicle at the time of the accident was being driven by a minor.
However, Justice Suresh Kait modified the tribunal’s order to the extent that initially the insurance company would pay the victim’s family and thereafter it would recover it from the vehicle’s owner.
Both the owner and the driver of the vehicle did not submit any statement before the Court, despite several opportunities given to them, the Court noted.
The driver’s age was proved when the Delhi Police, in its report to the Juvenile Justice Board, said the accused was 16 years old at the time of the accident, his date of birth being February 5, 1992.
I hold that the insurance company shall pay the compensation amount at the first instance.
Justice Suresh Kait
Delhi High Court
The vehicle was driven by a 16-year-old when the accident occurred, killing a pedestrian