Teen left paralysed in accident awarded Rs 9.3 lakh compensation

  • Shailee Dogra, Hindustan Times, Chandigarh
  • Updated: Mar 04, 2015 08:48 IST

Having witnessed his mother being killed in a road accident that left him partly paralysed, a 16-year-old boy has been awarded a compensation of Rs 9.34 lakh by the motor accident claims tribunal (MACT).

The compensation, along with 7.5% interest from April 2013, will be paid by Sector-37 resident Avinash Rawat, who was driving the speeding car that hit the mother-son duo, and Oriental Insurance Company Limited, the insurer of the car.

Vipin Kumar Kashyap, resident of Sector 27, Chandigarh, was 14 when his mother Parvati Devi was killed in the road accident owing to rash and negligent driving by Rawat on January 5, 2013.

The tribunal presided over by additional district and sessions judge Roopam Singh earlier held that a compensation of Rs 18.66 lakh should be paid to the teenager. But holding that the accident was a result of "contributory negligence" in which both the victims as well as the car driver were equally responsible, it directed Rawat as well as the insurance company to pay only Rs 9.34 lakh as compensation to Kashyap.

The tribunal held, "Suffice to say that it is a case of contributory negligence. Being pedestrians they were required to cross the road either through a zebra crossing or with due care and diligence which appears were not done. Had they been vigilant they would have noticed the speeding car coming."

It also said, "The accident could have been averted by applying brakes had Rawat been driving at a moderate speed."

Rawat denied the factum of the accident. Similarly Oriental Insurance Company Limited also denied the factum of the accident and termed the claim petition as a fictitious story manipulated by the claimant.

The tribunal had earlier in August 2014 directed Rawat and Oriental Insurance Company Limited to pay Rs 2.57 lakh, along with 7.5% interest, to Kashyap's father Ram Milan for his wife's death.

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