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Compensation – Pay & Recover – Minor boy driving offending vehicle

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On 12.12.2008, a two wheeler dashed against the deceased Hassan who was on the side of the road in Bhatkal and he succumbed the injuries.

In the charge-sheet, the police had made accused against one Ibrahim aged 16 years as driving the offending vehicle.  The documentary evidence was proved in the compensation claim that minor boy of 16 years was riding the offending vehicle.

However, the Tribunal had fastened the liability on the Insurer to pay compensation of Rs.2,56,000/-.

It is well settled that pay and recovery order can be passed as per section 149(1) & (2) of MV Act if any of the conditions is violated.

But in the present case, while considering sub-clause (ii) of Section 149(2) of MV Act it cannot be said that the terms and conditions are violated when a minor boy of 16 years was riding the offending vehicle.

When a minor boy of 16 years is not qualified inherently even to apply for driving licence, it cannot be said that he is not “duly licenced” so as to come the claim within the ambit of sub-clause (ii) of Section 149(2) of the MV Act.   Therefore, the doctrine of “pay and recover” is not applicable.

The owner, who had given offending vehicle to the minor boy, shall alone

Judgment dated 28.5.2024 of the Karnataka High Court in Misc. First Appeal No.7683 of 2014 of the New India Assurance Co. Ltd.

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