R. AYYAVU Vs. GOPINATHAN NAIR

JUDGEMENT

(1.) This is an appeal by the parents of a child, who was killed in a motor accident. The victim was aged 5 years.

(2.) The unfortunate event happened on 3-12-1981 at 12.30 p. m. The victim the five year old boy was a student in the 1st standard. He was dashed by a motor cycle rashly and negligently driven by the 1st respondent herein. The 1st respondent contended that he was not negligent. But the tribunal found that he was negligent and the accident was caused because of his rash and negligent driving of the vehicle. After the accident, the boy was taken to N. M. Hospital by a good Samaritan, who found the boy in a helpless condition. From that hospital, he was removed to the Medical Trust Hospital. On the next day, the boy died.

(3.) The parents claimed that the boy was intelligent, smart and healthy. A criminal case was launched against the motor cyclist and he was found guilty under S.279 and 304A I.P.C.