New Delhi, Aug 10 A Delhi Motor Accident Claims Tribunal has awarded Rs 26.10 lakh compensation to the parents of a 15-year-old boy who was killed after being mowed down by a bus while returning from school in Noida in 2017.
Presiding Officer Manish Sharma was hearing a claim petition filed by the parents of deceased child, Mustafirjur Rehman alias Osama, and directed Oriental Insurance Company, the insurer of the offending bus to provide compensation of Rs 26.10 lakh along with a nine per cent annual interest.
In an order dated July 30, the tribunal said, “In view of the above discussion, this Tribunal holds that the deceased died on account of neglect and default of Respondent No. 1 (bus driver) while driving the offending vehicle at the relevant time."
According to the tribunal, the accident took place on December 19, 2017 in Noida when the Class 9 student was returning from school. A bus allegedly being driven in a rash and negligent manner hit the boy, causing grievous injuries. He was declared brought dead while being taken to a hospital.
The tribunal held the bus driver responsible for the accident, saying that school-going children and pedestrians require greater caution from drivers, particularly during school hours.
It noted that the insurance company failed to establish that the driver was not negligent or that he had taken adequate precautions to avoid the accident. The tribunal also drew an adverse inference against the driver, who did not enter the witness box to explain the circumstances in which the vehicle struck the child.
Holding the driver guilty of "gross neglect and default", the tribunal said there was no material to suggest any negligence on the part of the deceased and concluded that the accident occurred because of the driver's rash and negligent driving.
For calculating compensation, the tribunal treated the deceased as a skilled worker on the basis of minimum wages applicable in Delhi and applied the principles laid down by the Supreme Court for assessing compensation in cases involving minors.
The tribunal directed Oriental Insurance Company, the insurer of the offending bus, to deposit the award amount within 30 days.
