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Accident by Two Wheeler , driver not having Learner License


15-Jan-2024 (In Motor Accident Law)
An old Lady (56-60 yrs age) met with an accident and claimed bone fracture in one leg. She was admitted to hospital and discharged later. The driver was a lady (not having Learner License) and the owner of vehicle was trainer (she did not have Third Party Insurance of vehicle). An FIR is lodged wherein the driver is made accused. Is the Driver liable under MACT for payment of compensation? Is there no liability on Owner for MACT compensation? How is the award decided ?
Answers (3)

Answer #1
632 votes
yes definitely the owner is liable to pay because he has not got required certification from the transport department for training drivers any way owner will have to pay the amount and the octogenarian lady is also liable to compensate the victim, as vehicle has no third party Insurance.
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

LawRato Delhi | 50+ Answers
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Answer #2
526 votes
Owner will pay the compensation which is calculated on the basis of formula. Loss of the injured will be assessed. One driving with out licence will be sentenced to jail and the owner will also go to jail for giving the car someone who is not authorised to drive. Since they don't have insurance so the insurance company doesn't come into picture. If they had insurance, the court would direct to pay and recover.
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Advocate Maaz Akhtar

Adv. Maaz Akhtar

LawRatoDelhi | 100+ Answers
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Answer #3
846 votes
First of all you will hire an advocate then they will provide better consultancy regarding that matter in that case driver will liable to paid compensation or more parties will be liable to pay compensation like insurance company also
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Advocate Mayank Arora

Adv. Mayank Arora

LawRatoDelhi | 50+ Answers
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