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Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): Altamas Kabir, Cyriac Joseph , JJ

(A) Motor Vehicles Act (59 of 1988) , S.168— Contributory negligence - Scooter hit from behind by motorcycle driven by minor - Sole responsibility of accident lies on person driving motorcycle - No contributory negligence - Owner of motorcycle liable to pay compensation. (Para 11) (B) Motor Vehicles Act (59 of 1988) , S.181, S.168, S.3, S.4— Driving without licence - Minor driving motorcycle - Hit a scooter - Liability to pay compensation shifts on owner of motorcycle - Since it was duty of owner to ensure that his motorcycle was not misused - Defence by owner that keys of motorcycle were taken by minor without his knowledge held, not probable. AIR 2007 SC 1445 : 2007 AIR SCW 1889, Rel. on. (Para 11) .....