Karnataka High Court: Owner Liable for Compensation in Accidents Caused by Minors


The Karnataka High Court has ruled that the "pay and recover" principle does not apply when a minor causes an accident. In such cases, the vehicle owner is solely responsible for compensating the claimants, not the insurance company.

Justice Hanchate Sanjeev Kumar's single-judge bench allowed an appeal by The New India Assurance Co Ltd, overturning a tribunal's order from August 11, 2014, which had held the insurance company liable for compensation.

The court emphasized that a minor under 16 cannot be considered qualified to hold a driving license. Therefore, if a minor drives a vehicle and causes an accident, the "pay and recover" principle does not apply, as outlined in Section 149(2)(ii) of the Motor Vehicles Act.

Initially, the tribunal awarded Rs 2,56,000 to the claimants. However, the insurance company contended that the minor, who caused the accident, did not possess a valid driving license, thus exempting the insurer from liability.

The claimants argued that the vehicle owner, Mohammed Mustapa, was the one riding the motorcycle, not the minor. However, the court found no documentary evidence to support Mustapa's claim and noted that the FIR and complaint identified the minor, Mushraff, as the rider.

The court concluded that the insurance company's terms were violated since the owner had allowed a minor to drive the motorcycle. Thus, the owner alone is liable for compensation.

The court adjusted the compensation amount to Rs 4,44,972 from the initial Rs 2,56,000 awarded by the tribunal, to be paid by the owner.

Case Details:

  • Title: The New India Assurance Co Ltd vs. Bibi Nafisa & Others
  • Case No: MFA No. 7683 of 2014 (MV-D) with MFA Cross Objection No. 54 of 2020
  • Representation: Advocate C R Ravi Shankar for Advocate K Suryanarayana Rao for the appellants, and Advocate Nagaraja Hegde for R1 to R3

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