Hire An Expert Lawyer

Contact us
Now!

Ankit Pahuja
Asked August 09, 2016

Compensation for injury in accident

  • 2 Answers
  • 375 Views

If a minor aged 16 years riding two wheeler registered in his father's name met a major accident with another person who is major and riding two wheeler wrong side of the road and also doesn't possess the driving license also there are witness of that. Can minor or his father claim compensation for injury.

Answers 2

The person who brings the petition for compensation for a motor vehicle accident, must show that the other party was negligent. For a person to be legally responsible for his action, it is essential to have evidence that he is at fault. Negligence ordinarily means either not doing something which a reasonable man would or should do, or by doing something which a reasonable or prudent man would not do.

In injury cases, it is the injured who is the claimant. In Death Cases, the legal heirs of the deceased are claimants, But the legal representative of a person who is himself guilty of rash and negligent driving, cannot claim compensation.[1]

In order to answer your question, we need to discuss the concept of “contributory negligence”. Contributory negligence is when “A” does not avoid the consequences arising from the negligence of “B”, even though he has a chance to do so. The question of contributory negligence would arise only when both parties are found to be negligent.

There have been judgments in which the court has held that negligence or contributory negligence cannot be attributed to the child of a tender age.[2] But, in this case, it was a 5-6 year old boy. Moreover, this is not held in every case. In Motor Accident cases, a lot depends on the circumstances, and actions of the parties.

The Supreme Court has held that if a person drives a vehicle without a licence, he commits an offence. But that does not necessarily mean he has contributed to the accident.[3] The child may have been driving without a licence, but he may not have been rashly driving. The Supreme Court, in this case, held that if the child was not driving rashly and negligently, just because he was not having a licence, he cannot be guilty of contributory negligence. The Court then went ahead and allowed full compensation to be paid to the child.

From your question it is unclear whether the child was driving on the wrong side of the road, or the other party. If the child was driving on the wrong side, then that would be contributory negligence and would affect the amount of compensation. Please note that either way, he still can ask for compensation. It is the amount that will get affected, if contributory negligence is proven.

 

 

 

 

 

[1] Oriental Insurance Co. Ltd. Vs. Raji Devi, (2008) 5 SCC 736

[2] Talasila Sandhya v. APSRTC, 2(1999) ACC 258 A.P.

[3] Sudhir Kumar Rana vs Surinder Singh & Ors, Civil Appeal No. 3321 of 2008

Agree Comment 0 Agrees over 1 year ago
Consult Now

SIr/madam,

               Here in this case as both the drivers are not having licence so he insurance company will not be held liable to pay the amount, but yes the minor can file Petition for compensation against the owner and the driver and claim compensation for rash and negligent driving. 

Agree Comment 0 Agrees over 1 year ago
Consult Now

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.

d05282b84ddef6b5e3f2909a34e79772
Need to talk to a lawyer?
Book a phone consultation with a top-rated lawyer on Lawfarm.

Call A lawyer