Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.

Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not take appropriate steps to ensure that his vehicle is driven only by a person holding a valid driving licence.

"This Court, therefore, cannot condone such an act of the appellant and fasten the liability on the insurance company when it is evident that the terms of the insurance policy were breached by the appellant himself," the court said.

Justice Palli further observed that when the parents of minor children permit them to drive a motor vehicle, they not only put the lives of their own children in danger but also endanger the life of common citizens.

"In the present case, the deceased Mr. Harinder Kumar, a young man of 42 years lost his life only because the appellant did not take appropriate steps to ensure that his vehicle is driven only by a person holding a valid driving licence”, the Court remarked," it added.

A Motor Accident Claims Tribunal in Rohini in November 2021 awarded a compensation of Rs.16,32,700 in favour of Kumar's wife and daughter. The tribunal in the order also said that the insurance company would have the right to recover the amount from the registered owner in appropriate proceedings as per law. It observed that that car owner by permitting his minor son to drive the vehicle, acted in breach of the terms of the insurance policy

Challenging the grant of recovery rights, the appellant contended that since the vehicle was driven by his minor son without his knowledge and permission, it could not be said that he had wilfully breached the terms of the insurance policy. He averred that at the time of the accident, he was in his office and his minor son had taken the keys of the car from his bedside drawer, which was inadvertently not locked at the relevant time.