17-Year-Old’s Right Turn Across Car’s Path: P&H HC Upholds Denial Of Compensation To Three Injured Scooter Riders

The appellants, Parveen Khurana, Loveleen Khurana and Bharat Khurana, sought compensation under Section 166 of the Motor Vehicles Act, 1988 for injuries sustained when their scooter collided with a Maruti car on 12 January 2003.

Bharat, then aged 17 and without a driving licence, was driving the scooter with his mother and sister as passengers.

The Tribunal dismissed the claims, finding that the accident occurred as Bharat turned right across the path of the car, which was travelling on its correct side.

The claims were brought under Section 166 of the Motor Vehicles Act, 1988, which requires the claimant to establish that the accident resulted from rash or negligent driving.

Negligence must be determined from the facts and circumstances established on the record; the fact that a person suffered injuries, or that the other vehicle was larger, does not by itself establish the other driver’s negligence.

A person turning must exercise due care and caution and ensure that it is safe to do so in light of approaching traffic.

The Court relied on the evidence of the injured witnesses and the site plan to uphold the finding that the scooter was turning right when it collided with the car, which was proceeding on its correct side.

It considered Bharat’s age, lack of a driving licence, and the scooter’s three occupants alongside the circumstances of the turn. On that evidence, the Court found that Bharat had turned without adequately checking for oncoming traffic and that negligence by the car driver had not been established.

The Tribunal’s conclusion was therefore a probable one supported by the record and disclosed no basis for appellate interference.

All three appeals were dismissed as devoid of merit; pending miscellaneous applications were also disposed of.