A Motor Accident Claims Tribunal has awarded a compensation of ₹6.8 lakh to the mother of a five-year-old boy who was crushed to death by a vehicle last year.
The child had died on the spot when the driver of the offending was reversing the vehicle. The victim was riding a tricycle at the time of the accident.
Though the mother of the victim had settled the claim with the insurer of the vehicle, the Tribunal rejected the settlement and stated that it was not in consonance with the principles of computation of compensation.
Counsel for the driver and the owner of the vehicle submitted before the Tribunal that a witness to the accident said that the driver was reversing the offending vehicle slowly with the help of his brother by blowing the horn, and the deceased riding a tricycle suddenly hit the offending vehicle.
Their counsel further submitted that the driver was not rash and negligent in driving the offending vehicle.
The counsel for the insurer said that the accident took place due to the negligence on the part of the deceased who was riding a tricycle and another child who was pushing him. There was no fault on the part of the driver of the offending vehicle, counsel for the insurance company further said.
But the Tribunal rejected their arguments.
‘Negligent driver’
“From a careful examination of the witness and documentary evidence, it is evident that the accident had occurred due to rash and negligent driving of the offending vehicle. The fact that the witness has not attributed any negligence to the driver in causing the accident would have no impact,” presiding officer of the Tribunal Sanjay Sharma said.
