E-Paper
Dera Bassi mishap: 7-year-old killed, 14-year-old injured Tribunal directs truck owner, driver to pay ₹5.5 lakh to kin
Vehicle was plying with a temporary registration number and without a valid permit
Taking a decision on compensation claims by the kin of a 7-year-old boy, who was killed in a road accident involving a truck seven months ago, the motor accident claims tribunal, Mohali, held that the accident was a case of negligence on the part of the driver and owner of the truck.
In the accident, a 14-year-old boy, who was friends with the deceased, was also injured.
The accident dates back to March 6, 2019, when 7-year-old Pardeep Kumar and his friend Rajesh were standing in front of Guga Mari near Kakrali village in Dera Bassi. Pradeep’s uncle Arjun was also standing with them with a cart or rehri, when a truck bearing a temporary registration number came from Ramgarh side and hit them.
Arjun’s cart was crushed under the truck while both Pradeep and Rajesh received multiple injuries. The boys were taken to Dera Bassi civil hospital from where they were referred to the civil hospital in Panchkula, where Pradeep was declared brought dead. A case was registered.
“Loss suffered by parents in case of death of a child cannot be measured in terms of money, but parents should be allowed just and reasonable compensation,” ruled the motor accident claims tribunal (MACT) while awarding a relief of ₹4.8 lakh with 9% interest to the parents of 7-year-old Pradeep Kumar of Mubaraikpur, Dera Bassi.
Pradeep was studying in Class 3 when he was killed. His 14-year-old friend Rajesh Kumar will be paid a compensation of ₹42,000 at 9% interest.
UNCLE TURNS EYEWITNESS
It was on the testimony of the uncle of the deceased Arjun that helped prove negligence of the truck driver in the case. Arjun works in Vishal Paper Mill at Mubarikpur village and also works as a rag picker later in the day.
Arjun told the tribunal that they (him, Pradeep and Rajesh) were standing on the roadside and talking when the truck hit the boys.
TRUCK PLIED WITHOUT PERMIT
The driver of truck Vicky Ram and owner Khan Chand, both hailing from Panchkula, said a false FIR had been registered against them just to get illegal compensation.
HDFC ERGO General Insurance Company Limited said the truck was plying without a valid permit at the time of the accident.
Accepting the argument of the insurance company, the tribunal observed, “The offending vehicle (truck) was being plied without a valid permit at the time of the accident and it amounts to violation of terms and conditions of the insurance policy. However, as vehicle in question was insured with HDFC ERGO, the firm will pay the amount of compensation to the claimant and will be entitled to recover the same from the owner and driver with 9% interest.”
