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Kerala Motor Accident Tribunal judge booked under Motor Vehicles Act after son causes fatal accident

The judge, who is the registered owner of the Mercedez-Benz, has been booked under Section 199A of the Motor Vehicles Act, which provides for the liability of vehicle owners and guardians for offences committed by minors

Praisy Thomas

The Kochi City Police has booked an additional sessions judge in an accident case, where his son allegedly caused a scooter rider's death after the Mercedes-Benz he was driving hit a two-wheeler in Kochu's Cheranalloor on October 25.

According to reports, the judge who is posted at a court in Iranjalakuda in Thrissur district, has been arraigned as an accused under Section 199A of the Motor Vehicles Act, 1988.

He is the registered owner of the car involved in the accident.

Section 199A provides that when a minor commits a motor vehicle offence, the guardian or vehicle owner is presumed to be responsible and can be prosecuted and punished, subject to statutory exceptions.

Police stated that steps have been taken in accordance with the Supreme Court guidelines which are applicable when a judicial officer is booked for an offence and that both the District Judiciary and the Kerala High Court would be informed of the proceedings.

This development comes after the victim's family and several political and youth organisations demanded action against the judge.

According to the First Information Report (FIR) registered by the Cheranalloor police, the victim, identified as Jayabalakrishnan (55), was returning home after closing his roadside eatery when the accident occurred around 2:20 AM on Sunday morning.

The car driven by the 17-year-old boy was travelling from Vallarpadam towards Kalamassery when it allegedly hit the scooter near a Ford showroom on Container Road.

Police initially registered the case under Sections 281 and 106 (1) of the Bharatiya Nyaya Sanhita (BNS), for the offence of rash driving and causing death by negligence, respectively.

Section 105 of the BNS, dealing with culpable homicide, not amounting to murder, was subsequently added.

The Juvenile Justice Board in Ernakulam had granted bail to the minor on Monday.

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