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5-yr-old gets Rs. 1.58L claim for road accident

A five-year-old girl has been awarded Rs. 1.58 lakh compensation by the Thane Motor Accident Claims Tribunal for her injuries in a freak accident in 2013.

Roshani Kamod Kumar, in her claim filed through her father Kamod Kumar Gupta, told the MACT that on January 18, 2013 she was playing near her house at Nerul in Navi Mumbai.

At that time, a car driver moved the vehicle in reverse direction on high speed and dashed against her, as a result of which she sustained multiple grievous injuries.

The tribunal was told that the mishap caused closed right midshaft femur fracture and other injuries to the child, who was just two years old at that time.

An offence was registered with local police and the girl was treated at D Y Patil Hospital.

Her parents spent around Rs 20,000 on her treatment.

They said Roshani was a brilliant student having bright future prospects, but the accident caused her permanent disability and affected her working and future earning capacity, for which they claimed Rs 1.50 lakh compensation.

The accident happened due to sole negligence of the car driver, the petitioner claimed, and sought compensation from vehicle owner Sudeep Kumar Ravi Kumar and L&T General Insurance Company.

The car owner did not appear before MACT, and hence the matter was decided ex-parte against him.

The insurance company argued that the girl’s father was not an eye witness to the accident and he had also not examined any independent eyewitness. Therefore, the applicant failed to prove negligence on part of the car driver.

MACT member and District Judge K D Vadane said the applicant’s contention is corroborated by police papers.

“Therefore, I have no hesitation to come to conclusion that impugned accident occurred due to sole negligence on part of the car driver,” he said.

The applicant’s counsel submitted that the girl was admitted in hospital and later also took OPD treatment. Her parents spent huge amount on her treatment, but her injuries were not cured and permanent disability to the extent of 39 per cent was caused to her.

They also spent a huge amount on her special diet and conveyance, therefore Rs 4,58,668 be awarded to her, he said.

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