4-year-old dies in car accident, tribunal asks driver and owner to pay Rs 40.37 lakh compensation citing 'res ipsa loquitur'. Here's what it means

A Delhi Motor Accident Claims Tribunal has awarded Rs 40.37 lakh in compensation to the parents of a four-year-old girl who died after being hit by a speeding car in north Delhi in 2020, according to a report of PTI. While granting the compensation, the tribunal invoked the legal principle of "res ipsa loquitur", holding that the circumstances of the case themselves established negligence.

Presiding Officer Sunil Kumar, who heard the claim petition filed by the child's parents, ruled that the accident occurred due to the rash and negligent driving of the car. The tribunal directed the driver and owner of the uninsured vehicle to jointly and severally pay the compensation along with interest.

In its July 16 order, the tribunal said, "The tribunal, while dealing with the law of torts in motor accident cases, applies the principle of 'res ipsa loquitur'. Considering all this, it stands proved that the accident in question occurred due to rash and negligent driving of the vehicle in question by the respondent no. 1 and the deceased suffered fatal injuries in the said accident."

What does 'res ipsa loquitur' mean?

Res ipsa loquitur is a Latin phrase that translates to "the thing speaks for itself." In legal cases, it allows a court to infer negligence from the very nature of an accident, even when there is no direct evidence showing exactly how the negligent act occurred.

The principle is typically applied when:

• The accident would not ordinarily happen without negligence.
• The instrument or object that caused the injury was under the control of the accused.
• The victim did not contribute to the accident.

In motor accident claims, courts may rely on this doctrine when the facts clearly indicate that the accident could only have occurred because of negligent driving.

How did the tribunal apply the principle?

According to the tribunal, the accident occurred on October 12, 2020, when the four-year-old girl, her siblings and another person were crossing the road. A car, allegedly being driven at high speed and in a zigzag manner, struck them. The child later succumbed to her injuries.

The tribunal relied on the testimony of the girl's father, an eyewitness account recorded during the investigation and the police chargesheet to conclude that the driver was negligent. It also noted that the respondents failed to produce any evidence to rebut the allegations of rash and negligent driving.

How was the compensation calculated?

While determining the compensation, the tribunal followed recent Delhi High Court and Supreme Court judgments dealing with the death of minor children. It calculated the loss of dependency using minimum wages, added future prospects and awarded amounts under conventional heads, including funeral expenses, loss of estate and consortium.

The tribunal awarded a total compensation of Rs 40.37 lakh, along with 9% annual interest from the date of filing of the claim petition until the award. It directed the driver and vehicle owner to deposit the amount within 30 days.