Court Grants Probation, Orders ₹65,000 Compensation and Lifelong Care of Injured Victim
Srinagar, September 3 :
The Special Mobile Magistrate (Traffic), Kashmir Province, Srinagar, has convicted a scooter owner under Sections 199-A and 180 of the Motor Vehicles Act, 1988, after the vehicle was allegedly handed over to a minor who was not authorised to drive, resulting in an accident in which a pedestrian sustained injuries.
The judgment was pronounced on September 1, 2026, by Special Mobile Magistrate (Traffic) Kashmir Province at Srinagar, Shabir Ahmad Malik.
The court, while finding the accused guilty of the offences, extended the benefit of probation after considering his age, antecedents and the fact that he had no previous conviction.
Court Initially Proposed Jail Term and Fine
According to the judgment, the accused had pleaded guilty to the offences under Sections 199-A and 180 of the Motor Vehicles Act.
The court initially proposed three years’ simple imprisonment and a fine of ₹25,000 under Section 199-A, besides cancellation of the vehicle’s registration certificate for a period of one year.
For the offence under Section 180 of the Motor Vehicles Act, the proposed punishment was three months’ simple imprisonment and a fine of ₹5,000.
The sentences were proposed to run concurrently.
However, after considering the circumstances of the accused, the court decided to extend the benefit of probation instead of sending him to prison.
Accused Released on Probation
The court observed that the offence did not involve moral turpitude and held that the ends of justice would be better served by releasing the accused on probation, subject to strict conditions.
As part of the probation order, the accused was directed to execute a bond of ₹2 lakh and maintain peace and good behaviour for a period of two years.
The court further made it clear that any violation of the conditions imposed during the probation period could result in the accused being required to undergo the sentence that had been proposed by the court.
₹65,000 Compensation Ordered for Injured Victim
While granting probation, the court also invoked Section 5 of the Probation of Offenders Act, under which a court can direct an offender to pay reasonable compensation for loss or injury caused to a victim.
Accordingly, the accused was directed to pay ₹65,000 as compensation to the injured victim, identified as Mehraj Din Sheikh.
The court, however, went beyond awarding one-time monetary compensation and imposed additional responsibilities on the accused in view of the victim’s vulnerable circumstances.
Accused Directed to Bear Victim’s Care and Treatment for Life
In a significant direction, the court ordered the accused to bear the expenses of the victim’s care and treatment throughout his lifetime.
The accused was also directed to make arrangements for the victim’s burial and last rites after his demise.
The directions assume significance as the court noted that the injured victim, Mehraj Din Sheikh, had no family and was residing in an old-age home.
Thus, the probation granted to the accused was made subject not only to maintaining peace and good behaviour but also to fulfilling continuing financial and welfare responsibilities towards the injured person.
Court Stresses Responsibility of Vehicle Owners
The case underscores the legal consequences of allowing an unauthorised person, particularly a minor, to operate a motor vehicle.
The judgment also highlights the court’s emphasis on ensuring that vulnerable victims of road accidents are not left without support after the immediate consequences of an accident.
By attaching continuing obligations to the probation order, the court sought to ensure that the injured victim receives necessary care and treatment beyond the one-time compensation awarded in the case.
The judgment was pronounced on September 1, 2026, by Special Mobile Magistrate (Traffic), Kashmir Province at Srinagar, Shabir Ahmad Malik.(KNC)