Mumbai: The father of the 17-year-old boy allegedly involved in the car accident that killed two people in Pune will be held responsible under the “concept of vicarious liability in tort”, legal experts told The Free Press Journal on Tuesday.
Pradeep Gharat, who as special public prosecutor secured the conviction of Bollywood actor Salman Khan in the drink driving and hit-and-run case, told the FPJ that the concept of vicarious liability will come into the picture no matter what.
Advocate Gharat said that a new insertion in Section 199A of the Motor Vehicle Act reads: “Where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.”
“Under the new amended Act the guardian is made independently liable for the offence. Therefore the ingredient of the offence that the car of the guardian’s hands been used by the minor for the commission of the offence, immediately the guardian becomes liable... so the arrest of the father of the minor can be explained,” he said.
Retired public prosecutor advocate Kiran Raikar, who appeared in the case of India-born US national Nooriya Haveliwala, who was convicted of drunken driving and mowing down a police officer and a biker in 2010, also cited the amendment made in the Motor Vehicle Act.
“Apart from the amendment, it is the social responsibility of the family to monitor the child. The amendment in law comes from a very simple understanding that the family has to keep vigil on their children, failing which the responsibility is directly shifted to their legal guardian. The simple understanding is being utilised and applied in law, which makes it easy to understand,” Raikar said.
Other law experts also said that no matter what, the father of the accused (the teen in conflict with law) will be held responsible.
However, Judge (Retd) SC Dharmadhikari stated that it was too early to say anything on the topic.
“We have a proper institution of police and the courts, which will decide fairly and without undergoing any societal pressure. Let us not run a media trial and let the courts do their work,” he said.
Retd. Judge Says, 'Hotels Should Check Age Of Alcohol Consumers'
Judge (Retd) SC Dharmadhikari said it was important to ensure that places like pubs and restaurants, which serve alcohol, should not be placed in residential areas. “It is the responsibility of the hotel employers to check the age of the alcohol consumers. If they are found to be minors, then alcohol should not be given to them. Pubs have to ensure that the last serving is by 10.30pm, which will ensure that people are going back home in a responsible way. It is the joint responsibility of every one to work to eliminate such incidents,” he said.
