• What happens if a under age child commits an accident

Okay so today i was driving a two wheeler and I'm under aged. That time i was driving at a speed of 40-50 when i saw a old man on another two wheeler trying to cross the road and stood in between the lane so i decided to go and coss him but when i was about half a metre away from him i smashed into him and he was injured (head injury) i tried to give him basic first aid and called a doctor from near by and then we took him to the hospital and then the elders told me to go home. So we went home but now i just couldn't get that thought off my mind that if that man would be alive or not and if not what will happen to us.... Pls help me
Asked 6 years ago in Civil Law

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10 Answers

It ia crime to drive without a valid driving licnese and it becomes worse if you make ana ccidne t.

in this case the worst happens.

Now pray to god that no complaint is lodged with police

If yes then you will be criminally prosecuted.

If not then remain cautious in future and only on attaining majority drive with responsibility.

There is no other probability.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1) under the MV act penalise the owner or person in charge of the vehicle for allowing an unauthorised person such as a minor or someone without a driver’s licence to drive. The offence carries a maximum fine of Rs 1,000 and jail for three months or both.

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

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

HI

Don't panic , it will not help .This your first experience, accident happens,no need to feel scared, take maximum care in the future and still happens take necessary legal steps to defend you. Dont worry , seek the help of your family.

Do you have a learners license.

driving two wheeler without a learners license if you are under aged, is chargeable offence if there is an FIR by police.

The hospital have to inform the accident, if they have informed and there is an FIR ,police will inform you.

The injury if serious , the victim can make a MACT claim later on based on the FIR . Hope that your vehicle had a valid insurance coverage for third party claims.

Speak to family and take the help of a lawyer if the police call you.

The nature of the complaint will be based on how serious is the injury and you not possessing a license.

wait and see if there is a complaint to the police, depending on the nature of the complaint get a legal assistance to protect yourself.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Hi, a simple case of negligence driving will be registered .. It is a bailable and compoundable offence , don't worry .. Try to settle the matter amicably with the help of elders

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Driving without a valid license is an offence. If you have not yet got a license due to your age, you should not have been driving the two wheeler, but you did and due to which you caused an accident.

If on account of the accident the old man dies or is crippled for the rest of his life. Then the owner of the vehicle or your guardian will be held responsible for the accident. If death occurs due to the accident, your parents will be booked under section 304(a) for causing death.

Pray to god that the old man recovers and that those persons who helped you and him to the hospital do not report this matter to the traffic police or the old man next of kin.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

At the most the Police can lodge a FIR against you for negligent driving, invoking certain offences under the Indian Penal Code and the Motor Vehicle Act. This too would be done at the behest of the injured and not otherwise.

Be assured and do not worry, as these types of cases can be compromised; and even otherwise mostly result in acquittal. If NO FIR has been lodged till now, it is most unlikely that it'll be registered now.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

Please tell me that do you have a learner certificate?

Do not panic, the provisions have been given in MVA with regards to the driving by the person who does not have a license.

Alongwith this if the police complaint is lodged with regards to the accident then also you can get out of the same by compounding the same i.e., by settling the matter with the other party who has been injured.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Also I would advise that take a local lawyer with yourself so that at any time if you are called by police then you can take your lawyer with yourself.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

According to motor vehicle act this is an offence and punishable with fine only. A person is below the 18 years is not entitled to drive a vehicle because he cannot get driving licence at this age. Driving of a vehicle without having driving licence is an offence punishable with fine only. 

You should do some enquiry about the fact that whether he is died or not.  if he is died you will receive a notice from the police officer.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Accidents which are caused by the rashness or negligence of the driver give rise to criminal liability. Section 304A of the IPC covers such liability which is punishable for 2 years or fine or both. It is absolutely necessary that death or injury should be a direct result of the negligent act of the accused.

Move proposed to punish parents of child drivers involved in crashes.

The plan is to amend the motor vehicles (MV) act to introduce a provision to charge the parents of juvenile drivers involved in crashes and send the errant minors to do community service.

Existing provisions under the MV act penalise the owner or person in charge of the vehicle for allowing an unauthorised person such as a minor or someone without a driver’s licence to drive. The offence carries a maximum fine of Rs 1,000 and jail for three months or both.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

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