Family Receives Rs 42.5 Lakh Compensation After 2019 Dwarka Accident

Family Receives Rs 42.5 Lakh Compensation After 2019 Dwarka Accident.webp

New Delhi, April 7 A motor accident claims tribunal in Delhi has awarded Rs 42.52 lakh in compensation to the parents of a five-year-old boy who died after being hit by a truck in Dwarka in 2019.

Presiding Officer Sudeep Raj Saini was hearing a claim petition filed by the parents of the deceased child, Rohan Gautam, who was killed on December 12, 2019, while being taken to school by his father on a two-wheeler.

In an order dated April 4, the tribunal said, "It has been proven beyond reasonable doubt that the accident was caused due to the rash and negligent driving of the truck."

According to the claim, a truck driven by Daud Khan hit the scooter from behind near Shyam Vihar in Dwarka, causing the father-son duo to fall. The front tyre of the truck ran over the child, who was later declared dead at a hospital.

After examining the evidence, including the testimony of the father, the FIR, the chargesheet, and medical records, the tribunal concluded that the accident occurred due to the rash and negligent driving of the truck.

While calculating the compensation, the tribunal assessed the notional income of the deceased child based on the minimum wages applicable to a skilled worker and applied the future prospects and multiplier principles laid down by the Supreme Court.

The tribunal awarded a total compensation of Rs 42.52 lakh, including loss of dependency, consortium, funeral expenses, and loss of property.

It noted that the truck was insured at the time of the accident and directed the insurance company to pay the compensation amount to the child's family.
 
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child death compensation daud khan delhi dwarka fatal accident insurance legal claim motor accident negligence rash driving rohan gautam tribunal truck
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