The Single Judge Bench of the Madras High Court, comprising Justice S. Kannammal in the case of Irfan v. K.S.Kumaran & The New India Assurance Co. Ltd has dismissed the Appeal Petition filed by the minor herein petitioner against the order passed by Motor Accident Claims Tribunal for non payment for insured amount to the petitioner as he was minor and joint feasor in the case.
Background of the Case
The petitioner is a minor. He had taken accidental claim policy by Respondent no. 2. On 25.09.2010, he met with an accident and sustained grievous injuries. For the injuries sustained by him, he has filed the claim petition claiming a sum of Rs.7 lakhs as compensation against the Insurer. The Insurer opposed the Petitioner’s claim as he is not entitled to ride the two wheeler in as much as he was minor at the time of accident.
The Petitioner filed a petition before the Tribunal. The Tribunal dismissed the claim petition by taking note of the admission of the claimant himself that he himself was driving the vehicle. Aggrieved by which the petitioner filed this appeal before this Court.
Submission of the Petitioner
The Counsel for the Petitioner submitted that the Tribunal ought to have awarded a reasonable amount as compensation for the injuries sustained by the appellant without going by technicalities.
Reasoning and Decision of the Court
The Court considered submissions and perused the facts available on record. The Court observed that there is a clear bar and embargo for the appellant to drive the vehicle even before attaining the majority or in the absence of driving licence issued by the competent authority as has been enunciated under Section 4 of the Motor Vehicles Act.
The Court further expounded 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 are galore that teen-age boys indulge in bike racing without any impunity, with utter disregard to the safety of other road users.
The Court also referred to the case of Karnan vs. State represented by Inspector of Police, Traffic Wing, Salem wherein this Court, dishearteningly noted that there is a burgeoning cases of traffic violation and it has to be curbed with iron hands.
The Court dismissed the Appeal and opined that If the claim of the appellant is entertained, this Court is afraid that it would open the flood gate and those who have no right to drive the motor vehicle would approach this Court and would justify their act to be recognized resulting in docket explosion.
Case Details
Case: - C.M.A.No.2184 of 2018
Petitioner: - Irfan
Respondent: - K.S.Kumaran & The New India Assurance Co. Ltd
Judge: Justice S. Kannammal
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