Published: Monday, Jan 3, 2011, 3:11 IST
By Harsh Roongta | Place: Mumbai | Agency: DNA
“My car met with a minor accident while being driven by my son who only has a learner’s licence? Will the insurance company pay for the repair charges?”
The rather interesting query, received on our portal sometime back, set us thinking about questions the consumer had not asked. If in this case a loss is caused to a third party due to the car accident, will it be borne by the insurer or it will have to be paid by the insured himself?
We spoke to a few insurance companies.
Most of the insurers said they would not pay for damages to the car since the driver did not hold a valid driving licence. In effect then, the entire damage has to be borne by the owner of the car and not the insurance company.
This is ironical — saying one should not meet with an accident while learning to drive but only after having learnt and acquired a proper licence.
The Motor Accident Claims Tribunal could rule on the compensation payable to a third party and also decide who will bear the loss — whether the owner or the common fund set up for the purpose.
We looked up the Motor Vehicles Act and spoke to some lawyers active in this field.
The findings are as follows:
First, if the driver did not have a licence at all, then in any case the owner was fully responsible for any damage caused to the car or to a third party. That’s not all. The driver is in a lot of trouble since as per the Motor Vehicles Act, driving a motor vehicle without a valid licence is a criminal offence.
The situation would be a little different if the driver at least holds a valid learner’s licence. According to the Motor Vehicles Act 1988, a person with a learner’s licence can drive the car only accompanied by an instructor who has an effective driving licence. Also, the instructor should be sitting in such a position that he has complete control over the vehicle and he can stop the vehicle anytime. The car also needs to have an ‘L’ mark on both front and rear of the car in RED over a WHITE background. Along with that the ‘L’ mark should have a certain height and thickness. The above rules are supposed to be followed when a learner’s licence holder is driving a vehicle.
The above rules clearly specify that if the driver holding a learner’s licence is not following any of the conditions specified above, then he would be treated as driving without a valid licence. Typically, it is very difficult for a person sitting next to the driver to be in a position where he has complete control over the vehicle and can stop the vehicle at any time.
This is only possible if the person holding the learner’s licence is taking classes under a motor training institute. The institutes have special cars designed where the instructor has got full control of the car as they have another set of brakes and clutches with the instructor. Using this set of brakes and clutches, they can stop the car anytime they want.
So, clearly, if your teenager is driving a normal car even with a valid learner licence and with the ‘L’ marked as specified, he still cannot fulfill all the conditions required to validly drive a normal car. This is the strict interpretation of the Motor Vehicles Act.
So watch out. When your kids want to learn driving, it is always advisable to send them to a driving school and not try to train them with your own car till the time they don’t have a valid driving licence. Remember, not only will your insurance company not pay for any accident caused while he or she is driving but also, it is possible that he or she will face prosecution for driving without a valid licence.
Harsh Roongta is CEO, Apna Paisa, a price & features comparison engine for loans, insurance and investments. He can be reached at hrdna@apnapaisa.com.
From the people at Car Repair Salinas
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