Minors driving without a license are not entitled to compensation under the Motor Vehicles Act.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree, dated 24.03.2017 made in M.C.O.P.No.77 of 2013 on the file of the Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.)

1. The Civil Miscellaneous Appeal is filed by the claimant, who was a minor by then, aggrieved by the Order dated 24.03.2017 passed in MCOP NO.77 of 2013 on the file of the IV Small Causes Court, Chennai.

2. According to the appellant/claimant, on 25.09.2010 at about 15.50 hours, when he was riding a Motor Cycle bearing Reg No.TN 10 L 5513 at Dr Natesan Road, near 24 Hours Hospital, Chennai, an Auto Rickshaw bearing Reg No.TN 06 C 0429 was driven by its driver in a rash and negligent manner and hit the two wheeler driven by him. In the impact, the appellant sustained the following grievous injuries:

i. Fracture on the head of 4th toe

ii. Grade-I Fracture Right Forearm

iii. Fracture of Lateral Epicondyle in humorous

iv. Laceration of Liver

v. Multiple injuries all over the body

3. The claimant was admitted as in-patient in Government General Hospital, Chennai on 25.09.2010 and discharged on 29.09.2010. Admittedly, the appellant was a minor at the time of accident. For the injuries sustained by him, he has filed the claim petition claiming a sum of Rs.7 lakhs as compensation against the driver of the Auto Rickshaw and its Insurer.

4. The claim petition was vehemently opposed by the second respondent Insurance Company mainly on the ground that the claimant is not entitled to ride the two wheeler in as much as he was minor at the time of accident. Therefore, the policy condition has been violated by the owner of the vehicle in whose favour the insurance policy stands. The amount of compensation claimed by the claimant is exorbitant and fanciful. Therefore, the second respondent / Insurance Company prayed for dismissal of the claim petition.

5. Before the Tribunal, the Claimant examined himself as P.W.1 and two other witnesses were examined as P.Ws.2 and 3. Exs.P1 to P13 were marked on the side of the claimant. On the side of respondents, one V.Ramachandran, was examined as R.W.1 and a photo copy of the Investigation report was marked as Ex.R1.

6. The Tribunal dismissed the claim petition by taking note of the admission of the claimant himself. The claimant, as P.W.1, has admitted that he has driven the two wheeler without driving license. His admission was also corroborated by Ex.R1, Investigation Report. Further, the Tribunal relied upon the decision of the Hon'ble Supreme Court in United India Insurance Co. Ltd., Vs. Sunil Kumar and another reported in 2013 (2) TN MAC 737 (SC), wherein it was held that when the petitioner was a minor at the time of accident, he has no right to drive the vehicle but has driven the vehicle without license and thereby violated the conditions of the Motor Vehicle Act and invited the accident on his own. It was further held by the Hon'ble Supreme Court that as the minor himself driven the vehicle without licence and caused accident, the tort-feasor is not entitled for compensation. By placing reliance on the aforesaid decision of the Hon'ble Supreme Court, the Tribunal dismissed the claim petition and refused to award any compensation to the claimant.

7. The learned counsel for the appellant would, at first, contend that in the accident, the appellant had sustained fracture on the head of 4th toe, fracture of 1st Metatarsal, facial injury and lost 10 teeth. Two Doctors examined him and assessed 25% of Ortho disability and 40 % of dental disability since the appellant has fixed prosthesis for 10 teeth. The learned counsel would further submit that the Tribunal ought to have awarded a reasonable amount for the injuries sustained by the appellant without going by technicalities. Further more, the counsel for the appellant brought to the notice of this Court Section 163 A of Motor Vehicle Act which states that notwithstanding anything contai