New Delhi, Mar 25 A Delhi Motor Accident Claims Tribunal has dismissed a compensation plea filed by the parents of a 13-year-old boy who died in a road accident in Ghaziabad in 2022, saying that the negligence on the part of the bus driver was not proved.
Presiding Officer Vijay Kumar Jha was hearing a claim petition seeking Rs 20 lakh as compensation filed by the parents of the deceased teenager, Aamir, who lost his life after being hit by a bus on Independence Day in 2022.
In an order dated March 24, the tribunal said, "It is held that petitioners have not been able to establish, on the basis of the preponderance of probabilities, that the deceased had sustained fatal injuries in the present motor vehicular accident because of rash and negligent driving of offending vehicle by the bus driver."
According to the petition, the incident occurred on August 15, 2022 in Gaziabad's Indirapuri. The family alleged that a Uttar Pradesh State Road Transport Corporation (UPSRTC) bus, driven rashly and negligently, hit the boy while he was crossing the road, resulting in his death at the spot.
However, the tribunal held that the petitioners failed to establish, on the balance of probabilities, that the accident occurred due to rash and negligent driving by the bus driver.
"It appears that on the balance of probability, it was the deceased himself who was rash and negligent in crossing the road," the tribunal said.
The court noted that the deceased's mother, who testified as a witness, admitted she had not seen the accident herself.
The investigating officer also could not provide concrete evidence regarding the speed of the bus or details of eyewitness accounts recorded during the investigation.
Examining the site plan, photographs and testimony of the driver and conductor, the tribunal observed that the evidence suggested the boy may have suddenly come onto the road from the divider while attempting to catch a kite on Independence Day.
The tribunal further held that merely filing a chargesheet does not conclusively establish negligence in motor accident claims, and liability must be determined based on credible evidence.
It then ruled that the petitioners were not entitled to any compensation and dismissed the claim petition.
