Kin of 10-yr-old killed in mishap to get Rs 5 lakh | chandigarh | Hindustan Times
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Kin of 10-yr-old killed in mishap to get Rs 5 lakh

Holding the driver responsible for crushing a 10-year-old child under wheels of tipper (truck), the Motor Accidents Claims Tribunal (MACT) has directed the insurer of the tipper to pay Rs 5.55 lakh as compensation with 7.5% interest to the parents of the accident victim.

chandigarh Updated: Dec 13, 2014 11:49 IST
HT Correspondent

Holding the driver responsible for crushing a 10-year-old child under wheels of tipper (truck), the Motor Accidents Claims Tribunal (MACT) has directed the insurer of the tipper to pay Rs 5.55 lakh as compensation with 7.5% interest to the parents of the accident victim.

The tribunal presided over by additional district and sessions judge, KK Kareer on December 4, held Nanak Singh, hailing from Jind in Haryana, who was driver of the tipper, under which the Class-5 student, Amit Kumar (10), was crushed to death, guilty of rash and negligent in driving leading to the accident.

The tipper was owned by Sant Ram, a resident of Sector 21, Panchkula. Dismissing the plea of the insurance company that the driver’s licence was not genuine, the tribunal held, “Simply because the licence has been issued in Nagaland, cannot mean that it can be said to be a fake document in the absence of any proof to that effect.”

The postmortem report of Amit Kumar which blamed the accident injury for his death and the registration certificate of the offending tipper, helped prove that the rash and negligent driving of driver resulted in the death of child. As per the directions of the tribunal compensation would be paid by Tata AIG Insurance Company Limited — insurer of the tipper to Meena Kumari mother and Vijay Kumar, father of accident victim Amit Kumar resident of Mauli Jagran Chandigarh.

Victim crushed under rear wheel after being hit

On July 29, 2013 at 1.30 pm, Amit Kumar (10), a Class-5 student was going from Baltana towards Raipur Khurd Kalan on his bicycle. When he reached a little ahead of Harmilap Nagar turn, a tipper driven at high speed coming on the wrong side of the road hit the cycle. Amit Kumar fell down on the road and was crushed under the rear wheels of the tipper leading to his death on the spot.

The defence

Claiming false implication, the driver Nanak Singh and the owner of the tipper Sant Ram said that a false case was registered against Nanak in connivance with the local police in order to claim compensation. They said the accident took place due to negligence on the part victim Amit Kumar, whose cycle hit the tipper.

The insurer

Tata AIG Insurance Company Limited — insurer of the tipper pleaded that the driver did not hold a valid licence and thus they were not liable to pay compensation. Moreover, the tipper owner and the driver had no permit, fitness certificate and proper registration certificate to ply the tipper on the road, violating the terms and conditions of the insurance policy.