• Maximum punishment for a juvenile causing accidental death

Sir a boy aged 17 years driving scooter caused a Accidental death of my father due to Rash driving. He was not arrested but produced in polce station and released as he is minor . I seek your advice on what is the punishment he gets if convicted , is there no provision of punishment to his Father.
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

There is no provision of punishinh his father, though the liability will be of the parents to give compensation as per the 2009 SC judgement passed by Justice Cyriac Joseph.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Claim application can be filed under Section 163A of MV Act, for claim to be determined on structural formula basis provided in Schedule-II. Schedule-II has been adjudged as suffering from severe mistakes and the Supreme Court has held that total reliance cannot be placed on this schedule.

The injured or the legal representatives of deceased can file claim application in a prescribed format making driver, owner and insurer as party.

Please contact a local lawyer who will help you in drafting the same. Claim depends on a lot of things like life expectanct etc

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

the juvenile is to be produced before the Juvenile Board since he was only 17 at time of commission of offence . pending inquiry he is to be lodged at observation home

2) juvenile case has to be disposed of within period of 7 months from his arrest by the Juvenile Board

3) juvenile may be released on probation of good conduct and placed under care of parent , guardian or other fit person for period not exceeding 3 years

4) board can make order that Juvenile be sent to special home for period not exceeding 3 years

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you have to claim compensation before motor accident Tribunal

2))Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or other 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

3)When the car/bike is insured, the insurance company takes over the compensation liability.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Hi, for compensation you have to file a petition under MACT act, .. The FIR lodged will have a criminal trial and the compensation will have a different trial .. What is the status of the case?? Have FIR Beem lodged ??

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

I presume the scooter engine capacity is more than 50 cc .

According to Motor Vehicle Act 1988, Sec. 4(1), minimum age requirement is 18 years to drive vehicle in public place.

Police can not leave him without making arrest. Juveniles are punishable with maximum 3 years.

You can file application for compensation and it can be collected from the parents. I do not think you can claim from any of the insurance agency.

But, discuss with any lawyer with FIR copies to provide you more info.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Sir a boy aged 17 years driving scooter caused a Accidental death of my father due to Rash driving. He was not arrested but produced in polce station and released as he is minor . I seek your advice on what is the punishment he gets if convicted , is there no provision of punishment to his Father.

Drawing curtains over a 11-year-old litigation drama in which the victim's father was given a raw deal, the apex court on September 24 directed the insurance company to immediately pay up the compensation amount and recover it from the father, Rakesh Kumar Arora, whose 15-year-old son, Karan Arora, had run over a person in 1997 while driving his father's car.

Finally, the most practical deterrent has come from the Supreme Court that is likely to force parents to keep their car keys away from their minor sons and daughters. For, if these minors cause any accident, it will be their parents who will have to cough up the compensation.

No more flaunting of parents' luxury cars by underage sons and daughters. This appeared to be the stern message given by a Bench comprising Justices S B Sinha and Cyriac Joseph.

Thus it is not a new thing that the father of the minor can be held liable to pay the compensation.

304A. Causing death by negligence.--Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The provisions of this section apply to cases where there is no intention to cause death, and no knowledge that the act done in all probability would cause death.

It is the first of its kind case since the amendment in the Juvenile Justice (Care and Protection of Children) Act, 2015, which allowed the board to transfer cases of heinous offences by children to sessions courts. As per section 2(33) of the Act, “heinous offences” include those for which the minimum punishment under the Indian Penal Code or any other law in force is imprisonment for seven years or more.

The police had on May 26 chargesheeted the juvenile in the JJB for the offence of culpable homicide not amounting to murder, which entails a maximum punishment of 10 years imprisonment.

Thus the juvenile cannot escape after committing such offences.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Sir my Father was 76 years , How to claim compensation is it during the trial what is the maximum amount which can be claimed what is the criteria.

Do we need to file separate case in a separate court for compensation.

The claim amount shall be made as per the earning capacity of your father.

For insurance claim you have to file a separate case.

The police case is only for getting him punishment, whereas for accident claim you may have to file a claim case before MACT.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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