A Motor Accidents Claims Tribunal has upheld the judgement of a Metropolitan Magistrate court sentencing a man to two years in jail for causing the death of two children.
The convict had hit a school van after jumping a red-light signal at a T-point in northwest Delhi’s Kesav Puram in 2006.
Besides the death of the two children, three other children and the driver of the van suffered injuries.
In his appeal against the Metropolitan Magistrate court judgement, the convict challenged the evidence of a Delhi Police ASI, submitting that he was not present at the spot at the time of the accident.
Rash and negligent
The convict also argued that the light was green when he was crossing the turn (at the T-point), whereas the driver of the van was rash and negligent since he was turning right despite the red light.
Dismissing the arguments, presiding officer of the Tribunal Special Judge Ashutosh Kumar said: “Jumping the red light in itself was a rash and negligent act on the part of the appellant. Furthermore, the school van was pushed a distance of 20-25 feet... it can be safely inferred that the appellant was driving his SUV at a high speed near the crossing, when he was supposed to slow down... and that is another rash and negligent act on the part of the appellant”.
The Tribunal also dismissed the plea for a lenient punishment.
No leniency
he plea that the appellant has a widowed sister, aged parents and three children to look after and is also the sole bread earner, can be said to be some mitigating circumstances, but his conduct of driving an SUV at high speed and causing an accident that resulted in the death of two children are highly aggravating circumstances against him,” said Mr. Kumar.
