What Happens If A Minor Drives Your Car?
Here's an overview of the potential legal and insurance-related issues that can arise if a minor drives your car.
This article thoroughly explores the legal framework surrounding minors committing offences and highlights, through case laws, the various reasons why it is dangerous to let a minor drive a motor vehicle.
Introduction
Every other day an example has been setting up how dangerous it can be for a minor to drive a motor vehicle. Driving a motor vehicle in India without a licence can result in an expensive and inconvenient detour, not only for the minor but also for the vehicle owner. It’s one of the most important factors in preventing accidents. Driving appears to be exciting, but it results in a tragedy when the driver is not cautious, is drunk, lacks knowledge of the vehicle, and is not mentally present on/for the road. Accidents can be caused by both minors and majors, but the possibility of minors is high not only due to a lack of knowledge but also because of a lack of sincerity. As the clock is ticking at its highest speed, the importance of having a driver’s licence is necessary.
In the case of Skandia Insurance Co. Ltd. v. Kokilaben Chandravandan & Ors., (1987) it was held:
when the insured had handed over vehicle to be driven by licensed driver and even if the licensed driver on his own and because of his negligence had allowed an unlicensed Cleaner to drive the vehicle it could not be said that there was any breach committed by the insured, so as to attract the exclusion clause in favour of the Insurance company.
In the case of United India Insurance Co. Ltd. v. Gian Chand and Others II, (1997), the Supreme Court while dealing with the issue of liability of the Insurance Company held:
where the driver of the vehicle had no licence and the owner of the vehicle was aware of the fact that his vehicle was being driven by an unlicenced driver, the Insurance Company would not be liable to pay the award amount.
Who is a minor?
A person who has not attained the age of 18 is considered a minor. According to Section 4 of the Motor Vehicle Act, 1988, an age limit has also been specified as per the minor definition (i.e. below 18).
Who is a vehicle owner?
According to Section 2(30) of the Motor Vehicle Act, 1988, owner means a person who has registered a vehicle in his name, if a vehicle is registered in a minor’s name; the guardian shall perform all the duties and also, through a lease or an agreement, possession of the vehicle has taken place.
Responsibility of a vehicle owner
The general responsibility of an owner is to adhere to traffic rules, have car insurance, register and license a vehicle, and perform vehicle maintenance, along with environmental regulations. Also, according to Section 5 of the Motor Vehicle Act, 1988, an owner shall not violate the provisions of a driving licence or permit any minor to drive a vehicle.
Legal Consequences
For minors
- According to Section 199A(5) of the Motor Vehicle Act, 1988, where an offence is committed by a juvenile, notwithstanding Section 4 and Section 7 of the act, shall not be eligible to get a driving licence as per Section 9 or the learner’s licence as per Section 8 of the act until the age of 25.
- According to Section 199A(6) of the Motor Vehicle Act, 1988, an offence committed by a juvenile shall be liable to imprisonment or fines as per the Juvenile Justice Act, 2015.
For owners
- According to Section 199A(1) of the Motor Vehicle Act, 1988, where an offence is committed by a juvenile, then the guardian or the owner of the vehicle shall be held liable for that offence. However, if the guardian or the owner proves to the court that such an offence was committed due to his lack of knowledge, then he shall be exempt from any liability.
- According to Section 199A(2) of the Motor Vehicle Act, 1988, the guardian or the owner shall be liable to a term that may extend to three years of imprisonment and a fine of 25,000.
- According to Section 199A(3) of the Motor Vehicle Act, 1988, the guardian or the owner shall not be liable for any punishment if the juvenile has a learner's licence.
- According to Section 199A(4) of the Motor Vehicle Act, 1988, the vehicle’s registration shall stand to be cancelled for a year after the offence is committed by a juvenile.
In Sudhir Kumar Rana v. Surinder Singh & Ors., (2008), the court held that contributory negligence would be applicable since both parties had equally negligent behaviour. The appellant shall get minimal compensation of Rs. 30,000 with interest at a rate of 7% annum due to the major injuries suffered by the minor.
Grant of Insurance
As per the case laws mentioned below, the insurance company is liable to pay the compensation along with the interest, even if an offence is committed by a minor. Insurance companies shall pay the compensation, and later, the money can be recovered by the guardian/owner.
In Santosh Chhabra & Ors. v. Abhishek Gureja & Ors. (2010), the court held that it is the liability of the insurance company to pay compensation to the deceased family if the minor has committed an accident. Later, the insurance company can reclaim the entire amount from the owner of the vehicle since a breach of policy has been committed.
Similarly, in New India Assurance Co. Ltd. v. Manjit Singh & Ors. (2011), United India Insurance Co. Ltd. v. Rakesh Kumar Arora & Ors. (2008), and in many more cases, the same judgment was pronounced by the Delhi High Court.
Conclusion
The Pune Porsche accident is a recent case that took the whole of India by surprise. A minor was drunk and committed an offence while killing two software engineers on a bike. That states instead of casually agreeing to let a minor drive the car, one should always be prepared with consequences too, such as one's possibility to commit an offence can't be predicted. By securing the key and making them understand the repercussions, such situations can be prevented, and soon people can drive on the road safely without being afraid of an accident.
References
[1] The Motor Vehicles Act, 1988, Available Here
[2] Underage Driving: The New Motor Vehicles Amendment Bill will hold guardians or vehicle owners responsible, Available Here
[3] Skandia Insurance Co. Ltd. v. Kokilaben Chandravandan & Ors., 1987 (2) SCC 654
[4] United India Insurance Co. Ltd. v. Gian Chand and Others II, (1997) ACC 437 (SC)
[5] Sudhir Kumar Rana v. Surinder Singh & Ors., Appeal (Civil) 3321 of 2008
[6] Santosh Chhabra & Ors. v. Abhishek Gureja & Ors., MAC. A. 805/2010
[7] New India Assurance Co. Ltd. v. Manjit Singh & Ors., 2015 (5) CTC 181
[8] United India Insurance Co. Ltd. v. Rakesh Kumar Arora & Ors., 2008 (13) SCC 298
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