In a verdict aimed at discouraging minors from riding two-wheelers or driving cars, the Madras High Court has refused to award any monetary compensation to a boy who suffered 25% orthopaedic disability and 40% dental disability after a motorcycle ridden by him dashed against an autorickshaw.
Justice S. Kannammal said she could only sympathise with the minor for having suffered the injuries but would not order compensation since it would not only amount to giving a stamp of approval to his illegal act of riding the motor vehicles without a licence but also open the floodgate for similar claims by other minors.
“Even though, the Motor vehicle Act is a benevolent legislation, I do not think that it could ipso facto be applied in all cases. When there is a clear violation of policy condition, the insurance company cannot be burdened with the obligation of paying compensation to the appellant when, under law, he is not even entitled to claim it,” she wrote.
The claimant had conceded he was a minor when the accident took place. However, since he had lost 10 teeth permanently besides suffering multiple fractures all over his body, he sought a compensation of ₹7 lakh from the auto rickshaw driver and the insurance company with which the vehicle was insured.
His counsel contended the claimant’s parents had incurred huge amount of money towards hospital bills and dental prosthesis. He urged the court to award a reasonable amount without harping on technicalities. However, the judge held the claimant, being a tortfeasor, was not entitled to claim a compensation.
“This court takes judicial notice of the fact that juvenile driving is on the rise in our State and it is not encouraging. Innocent lives are being lost or impaired at young age much to the chagrin of the law makers and the society as a whole. Instances galore of teenage boys indulging in bike racing without any impunity and with utter disregard to the safety of other road users.
“Therefore, it is high time that there should be an effective implementation of the Motor Vehicles Act to curb the menace of underage driving. This court hopes and trusts that ways and means will be found by the law enforcing agencies so that there may not be any such recurrence of the adolescent getting entangled in untoward incidents of motor vehicle accidents and suffer silently like the appellant in this appeal,” the judge observed.
