Compensation — Minor driving motorcycle without licence — Liability to pay compensation shifts on owner — Motor Vehicles Act 1988, section 168.

On 18th July, 2004, at about 1.20 p.m. the deceased, Mukesh Jain, was riding his two-wheeler scooter with his son, Shashank Jain, as pillion rider. According to the prosecution, when they had reached the SDM’s Office, Delhi, a motorcycle, being driven in a very rash and negligent manner, tried to overtake the scooter and in that process struck against the scooter with great force, as a result whereof the deceased and his son were thrown on to the road and the deceased succumbed to the fatal injuries sustained by him.

A claim was filed by the widow, two daughters and one son of the deceased before the Motor Accident Claims Tribunal, the Tribunal awarded a sum of Rs.8,35,067 in favour of the claimants together with interest @7%. The insurer was held liable to satisfy the Award and to recover the amount from the owner of the motorcycle.

The Supreme Court observed that Jatin was a minor on the date of the accident and was riding the motorcycle in violation of the provisions of the Motor Vehicles Act, 1988, and the Rules framed thereunder.

It was Jatin, who came from behind on the motorcycle and hit the scooter of the deceased from behind. Thus the responsibility in causing the accident was found to be solely that of Jatin. However, since Jatin was a minor and it was the responsibility of the petitioner to ensure that his motorcycle was not misused and that too by a minor who had no licence to drive the same, the Motor Accident Claims Tribunal quite rightly saddled the liability for payment of compensation on the petitioner and, accordingly, directed the insurance company to pay the awarded amount to the awardees and, thereafter, to recover the same from the petitioner.