Chennai: Minor riding bike killed in accident, tribunal denies compensation to parents
The victim, R Deepak, a two-wheeler mechanic, was riding a two-wheeler along Manali Salai in Korukkupet on August 31, 2020, when the bike collided with another bike coming in the opposite direction, resulting in Deepak's death.
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CHENNAI: Four years after a teenager riding a two-wheeler in a rash and negligent manner was killed in a road accident near Korukkupet a month before he turned 18, the City Motor Accident Claims Tribunal dismissed his parents’ petition seeking compensation on the grounds that they allowed the minor ineligible to ride to use a two-wheeler.
The victim, R Deepak, a two-wheeler mechanic, was riding a two-wheeler along Manali Salai in Korukkupet on August 31, 2020, when the bike collided with another bike coming in the opposite direction, resulting in Deepak's death.
The parents moved the accident claims tribunal seeking a compensation of Rs 48 lakh, liable to be paid by the insurer and owner of the other bike.
In response, the insurer of the other bike contended that the accident happened due to the rash and negligent driving of the deceased minor and cited the FIR. After perusing the submissions from both sides, D Lingeswaran, Chief Judge, Court of Small Causes, noted that the other motorcycle was moving on its own lane and it was the deceased who had crossed the ‘Lakshman Rekha’ (the divider line), which led to the accident.
From the evidence available on record, it could be safely concluded that the deceased was a child who had driven the motorcycle without licence rashly and negligently, crossed the divider line and caused the accident, the judge noted.
"The rider of the other motorcycle has not done any wrong. In fact, the (other) rider is the victim of the accident caused by the deceased. The [wrongdoer] cannot be given any incentive or bonus for his rash and negligent act. The parents who have allowed their child who was below the age of 18 years to drive the motorcycle cannot be granted any monetary compensation," the tribunal held and dismissed the petition.
Speaking to DT Next, an advocate appearing for accident tribunal cases pointed out that though the 2022 amendment to the Motor Vehicles Act does not allow for compensation in case of minors involved in accidents, tribunals used to award a minimum compensation. "It comes down to the discretion of the judges," the advocate said.