Underage driving vehicle met with an accident

R P KANGANE (Querist) 15 December 2008 This query is : Resolved
Hi

I have one query relating to motor accident. Case is :

Five boys studying in 10th Std. It was sunday when parents were not at home. They came together at one of the friends house and decided to go out for buying some study material. They took the vehicle. One of the boy was knowing driving but he was not having valid license. The boy who was driving vehicle has lost the control over car and met with an accident wherein two boys were died on the spot and other three injured.

In this case, what are the legal implications. Who is responsible and what are the complications.

Please give your valuable comments on this.

Regards

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PALNITKAR V.V. (Expert) 15 December 2008
The boy would be liable for driving without licence. The owner would be liable for handing over the vehicle to a person who has no driving licence. Depending on the facts the boy would be liable for rash and negligent driving. The injured and the Legal representatives of the deceased may get compensation.

R P KANGANE (Querist) 15 December 2008

Thanks for your mail.

The boy who was driving died on the spot. The car owner had parked his vehicle at his relative home. The boy who died came to the house of his friend where the car was parked and insisted for drive.

Please clarify on this.

What would be the rate of compensation. Since all were studying in 10th and it was a common goal so who should be held responsible.

Guest (Expert) 16 December 2008
What about section 304A, in the accident. Have the police registered FIR and Chargesheet, what are those IPC s.

Compensation only from the owner, insurance company doubtful.

R P KANGANE (Querist) 16 December 2008
FIR is filed by Police.

Adv.Shine Thomas (Expert) 16 December 2008
In the present condition insurance company is not liable to pay compensation.

Srinivas.B.S.S.T (Expert) 17 December 2008
the owner of the vehicle is liable for payment of compensation.

Guest (Expert) 17 December 2008
in FIR is there a mention of 304A or 304B of IPC

R P KANGANE (Querist) 17 December 2008

In FIR Section 279, 337, 338, 304A, 427 & 184 are mentioned.

What would be the quantum of compensation rqrd to be paid by the owner.

mahendra rai jain (Expert) 18 December 2008
i think it is maximum 2 lacs for each died and for injurd person it will depends on injury means it may be higher.. and liability goes only on owner of the vhicle not on insurance company

KamalNayanSaxena (Expert) 22 December 2008
Insurance Co. can't be absolved from it's liability since the vehicle was driven without the knowledge & consent of its owner, hence issue of breach of terms of policy shall go against insurance Co.

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