Mv act
Naziya
(Querist) 16 March 2013
This query is : Resolved
dear sir my collegue is about 17 yrs old and was practising for drive a motor cycle in ground and fell down and admitted in hospital police are calling for information what action can they take against him
he do not have LL and byke is on my name kindly reply
Advocate M.Bhadra
(Expert) 16 March 2013
Motor Vehicles Act 1988
SEC.5 Responsibility of owners of motor vehicles for contravention of sections 3 and 4.
No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.
Comment / Related Citation:
Motor Vehicles Act, 1988, Sections 4 and 5 - MACT - Liability of insurer - Driver of vehicle at the time of accident was 15 years old - Not holding a valid and effective driving license - Owner of vehicle liable to make payment compensation and not the insurer.
UNITED INDIA INSURANCE CO.LTD v/s RAKESH KUMAR ARORA & ORS [AIR 2009 SC 24 = (2008) 13 SCC 298 = JT 2008 (11) SC 23 = 2008 AIR(SCW) 6872 = (2009) 3 SCC(Cri) 601]
Motor Vehicles Act 1988
SEC.8 Grant of learner's licence.
(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area-
Raj Kumar Makkad
(Expert) 17 March 2013
Persuade the police that none want any action for and against any one and thus matter be closed. It shall be done.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
He as well as bike owner are squarely guilty. Rule position is explained above.
