Father told to pay damages for accident caused by son

Be extra careful with your car keys. For,if a minor decides to go for a drive and meets with an accident,you will not be able to claim relief from your insurance company.

A recent decision by a city Motor Accident Claims Tribunal (MACT) says the owner of a vehicle was liable to shell out compensation to victims of road mishaps despite having an insurance policy if a minor from his family causes an accident.

Moreover,the defence that the owner did not know that someone took the keys without his/her knowledge will not stand in court.

According to MACT judge Sujata Kohli,if the keys fall into a minors hands,it would be construed as negligence on part of the owner and hence a breach of the terms of the insurance policy.

The courts decision came while deciding a claim petition filed by one Seema who sustained injuries in an accident. A motorcycle driven by Parveen Kumar in a Northeast Delhi locality on August 23,2005,had caused the accident.

As per the petition,the bike was being maneuvered in a rash manner and it hit the petitioner as she was crossing the road.

It was later revealed that Kumar was only 15 and that his father Kanwar Pal Singh owned the bike.

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The petition also arrayed United India Insurance Co. Ltd as the party as the vehicle was insured with it.

When the question of deciding who should be made liable to pay the compensation came,the insurance company said the owner had to be made liable because at the time of the accident,the rider did not possess a valid driving license.

Parveens father Kanwar Pal Singh,however,tried to escape liability by saying that his son had taken away the bike without his knowledge after picking up the keys from his drawer.

ASJ Kohli inquired if the drawer was locked,to which Singh answered in the negative. It is evident that the owner has not taken the minimum possible care of the vehicle expected in order to avoid the situation where a person unqualified to drive could have taken away the vehicle. This lack of care would render him liable of breach of conditions of the policy, held the judge.

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The court,however,also noted that it had to ensure that a victim does not have to wait long for compensation.

It,therefore,asked the insurance company to pay Rs 21,500 along with 7.5 per cent interest to Seema immediately and then recover it from Singh.

Singh was also ordered to comply with the directive and pay the company the compensation amount.

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