Accident caused by 14-year-old boy: Pay compensation first, Karnataka HC to insurance company

BENGALURU: In a case wherein the accident was caused by a 14- year old minor boy, the high court has directed the insurance company to settle the compensation awarded by a Motor Accident Claims Tribunal(MACT) in the first place.
Putting an end to 13-year old litigation, the court has directed the New India Assurance Company Limited to deposit Rs 1 lakh with 6 per cent interest in four weeks time.
Turning down the argument put forward by the insurance company that they can’t be saddled with the burden of paying compensation in this case, Justice N K Sudhindrarao however observed that the company can recover the amount from the owner of the offending car involved in the accident.
57- year old Thimmaji had died on way to hospital following a road accident which occurred at about 6.15 am on February 21,2005 when a Maruti Esteem car driven in a rash and negligent manner by one Jabeeulla, a 14-year old boy hit her in Gujari lane of Davanagere .
The Davanagere traffic police then filed charge sheet against Jabeeulla before the Juvenile Justice Board, Shivamogga, Since he was a juvenile offender, he was acquitted on November 7,2008.
Thimmaji’s children then moved MACT , Davanagege seeking for Rs 10 lakh as compensation claiming that she was hale and hearty and was earning Rs 6,000 per month.
However, by an order passed on April 16,2009, the Motor Accident Claims Tribunal(MACT), Davanagere directed the insurance company as well as the owner of the car to jointly pay Rs 1 lakh compensation with interest at 6 per cent .
The insurance company then moved the high court against this award claiming that Jabeeulla, a minor was not authorized to drive the car and the insurance policy doesn’t cover such exigencies. It was further argued that Shivakumar , the owner of the car and Nagaraj, a licensed driver whom the owner had entrusted the car were negligent and should be held responsible for allowing the minor boy Jabeeulla to drive the car.