Insurance co directed to pay Rs11 lakh to kin of 18-month-old killed in mishap

Chennai: The Motor Accidents Claims Tribunal, Chennai, has directed an insurance firm to pay a compensation of Rs 11.25 lakh to a family for death of their 18-month-old child in car crash seven years ago. The petitioners, C. Bhagyam and Chandran of Palavakkam, submitted that their 18-month old child, Rishi, was playing in front of their house in Gandhi Nagar, Adyar at 10.10 am on February 10, 2010.

A car driven by its driver in a rash and negligent manner dashed against the child. The mishap occurred when driver was reversing the car near the house. The boy sustained grievous injuries and died on the way to the hospital. Adyar Traffic Investigation Police registered case against the driver. His parents and his sisters C. Pavithra, C. Sumitra and C. Chitra, stated that Rishi was the only male child in the family. The driver was solely responsible for the accident.

Therefore, owner of the car, Arul Appalam Depot, Palavkkam and Cholamandalam General Insurance Company, insurer of the car, severally and jointly liable to pay compensation to them. Arul Appalam Depot had not appeared before the court. In its reply, Cholamandalam General Insurance Company submitted that the accident occurred due to negligent act of the child and not due to car driver. Hence, contributory negligence must be fixed on the deceased.

On completion of trial, special sub judge, small causes court-1, P. Revathy, said the car driver had not seen child and driven the car in a rash and negligent manner. The judge directed the insurance firm to pay a compensation of Rs 11.25 lakh to the family members for death of the child.