- Delhi tribunal awarded Rs 40.37 lakh to parents of a 4-year-old accident victim
- Accident caused by rash and negligent driving of an uninsured speeding car in 2020
- Tribunal applied res ipsa loquitur principle confirming driver's liability for the death
A Delhi Motor Accident Claims Tribunal has awarded Rs 40.37 lakh compensation to the parents of a 4-year-old girl who died after being hit by a speeding car in north Delhi in 2020.
Presiding Officer Sunil Kumar was hearing a claim petition filed by the parents of the child and said that the accident occurred due to the rash and negligent driving of the car. The tribunal directed the driver and the owner of the uninsured vehicle to jointly and severally pay the compensation with interest.
In an order dated July 16, the tribunal said, "The tribunal, while dealing with the law of torts in motor accident cases, applies the principle of 'res ipsa loquitur'. Considering all this, it stands proved that the accident in question occurred due to rash and negligent driving of the vehicle in question by the respondent no 1 and the deceased suffered fatal injuries in the said accident".
According to the tribunal, the accident took place on October 12, 2020, when the child, her siblings and another person were crossing the road. A car, allegedly being driven at high speed and in a zigzag manner, hit them. The girl later succumbed to her injuries.
The tribunal relied on the testimony of the child's father, an eyewitness account recorded during the investigation and the police chargesheet to conclude that the accident was caused by the driver's negligence.
It also noted that the respondents had failed to produce any material to disprove the allegations of rash and negligent driving.
While calculating compensation, the tribunal followed recent Delhi High Court and Supreme Court rulings on compensation in cases involving the death of minor children.
It assessed the loss of dependency based on minimum wages, added future prospects and granted compensation under conventional heads such as funeral expenses, loss of estate and consortium.
The tribunal awarded a total of Rs 40.37 lakh, including interest at 9 per cent per annum from the date of filing of the claim petition till the award. It directed the respondents to deposit the amount within 30 days.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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