Considering the nature of the injury, the applicant is not entitled to compensation. However, a certain amount may be given towards pain and suffering: The Motor Accident Claims Tribunal
A case in which a 12-year-old boy riding a bicycle was hit by a trailer in Byculla, the Motor Accident Claims Tribunal (MACT) turned down the demand of his family for compensation of Rs 7 lakh from the owner of the trailer.
The tribunal held that it had been proved that the demand was unjust and unreasonable and instead awarded compensation of Rs 4.7 lakh along with nine per cent interest on the amount from the year 2011.
It held that in the accident, the trailer driver and child were both at fault. The tribunal also maintained that no compensation would be given towards the disability of the child as claimed by his parents because disability through medical papers was not proved.
The incident occurred on February 19, 2010, when Saud Fida Husain Shaikh was heading back home on his bicycle in Mazgaon. According to the complaint filed by his parents, he was hit by a motor trailer at Sant Savla road in Byculla. The complaint stated that the child received head injuries and fracture of bones, which caused disability.
After going through the complainant's version, the tribunal asked Ramkailash Mishra, the trailer owner and New India assurance company, the firm that had insured the trailer, to file their replies. The insurance firm claimed that along with the driver, the child was also at fault.
"It is clearly reflected from the FIR copy that at the time of the accident, the child was riding his bicycle and it tripped on a broken cot lying on the side of the road. The child dashed it and fell down. At that instance, the trailer hit the boy and its wheel ran over the leg of the child," the insurance firm claimed. The insurance firm further said that the complainant's disability is false.
The tribunal held that from the evidence filed on record, it was clear that the disability certificate was not acceptable. "Considering the nature of the injury, the applicant is not entitled to compensation. However, a certain amount may be given towards pain and suffering."
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