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Chlokesh Naidu   15 June 2020

Accident

a child age 14 was learning a bike ,in that process child made an accident (by mistake )no injury to the child but opposite one had badly injuried a bone fracture to leg ,is this a punishable offence is their any problem to bike owner like fine or going to jail
pls. tell the consequence face by child and the owner of bike


Learning

 6 Replies

P. Venu (Advocate)     15 June 2020

The owner of the vehicle as well the father/guradian of the child are liable. It is better if the matter is settled amicably.

2 Like

Ankit Kumar   29 June 2020

Ankit Kumar     25 June 2020IPC 279/304A
I met with an accident on express way my friend was driving my bike.... at turn he blows horon one man was driving cycle in front of us got paniced and turn the cycle suddenly and got hit with my bike...he got enjured, me and my friend too...locals there call 911 for help and took us to govt. hospital...after few hours the man died ....

his wife filed a complaint against us under section 279/304A ...
problem is my friend refused to take responsibility that he was driving the bike bcz he has not license and me too..
what can I do here please suggest..

Sudhir Kumar, Advocate (Advocate)     07 August 2020

Originally posted by : Chlokesh Naidu
a child age 14 was learning a bike ,in that process child made an accident (by mistake )no injury to the child but opposite one had badly injuried a bone fracture to leg ,is this a punishable offence is their any problem to bike owner like fine or going to jailpls. tell the consequence face by child and the owner of bike

where is the scope of doubt. It is punishable

 

It is calling for compensation aw well.

 

Better beg (or buy) mercy.

avadhesh Paliwal   07 March 2021

OWNER IS RESPONSIBLE AND 2 YEAR IMPRISONMENT TO OWNER

Anaita Vas   03 January 2022

It is a crime to drive without a valid driving license and it becomes worse if you make an accident. If a case is filed against you, you will be criminally prosecuted. If not then remain cautious in the future and only on attaining majority drive with responsibility.

Under the MV act, it penalizes the owner or person in charge of the vehicle for allowing an unauthorized person such as a minor or someone without a driver’s license to drive. The offense carries a maximum fine of Rs 1,000 and jail for three months or both.

Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement.

 

Regards,

Anaita Vas

Sara Rose   20 April 2022

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