The tribunal directed the IFFCO-TOKIO General Insurance Company Ltd, with which the offending Honda City car was insured, to pay Rs 7,71,931 to Uttam Nagar resident Piyush Jain, who had filed the petition through his father.
"Police after probe in the matter has filed charge sheet against respondent no.1 (car driver) under the provisions of the IPC which is also prima facie suggestive of negligence of the driver in driving the offending vehicle in a rash and negligent manner," MACT Presiding Officer Arun Bhardwaj said.
Due to the accident, the child had suffered grievous injuries in his left eye which had to be removed after surgery and he has been provided an artificial eye which has to be changed after a period of time for the minor's growth.
His father, Ajay Jain told the tribunal that the accident took place in October 2010 when he along with his brother and the child were going on their scooter. He said he was pillion rider and was carrying the child in his lap on the vehicle.
When they reached Rama Property in Uttam Nagar, the offending car driven by its owner Deepak Gupta came in a rash manner and hit them from behind due to which they fell down and received injuries, he said.
They were taken to hospital where the minor's eye was operated while the other two injured were given treatment.
"Child at the tender age of two years had to suffer the tragedy of loosing his left eye in a motor vehicle accident," it said, noting there was no vision in the boy's left eye.
"Though visual disability assessed by the medical board is 30 per cent but in the considered opinion of this tribunal, the disability shall be considered as 50 per cent inasmuch as not only the child will not be eligible for jobs in Armed forces and para military services, etc. Where total fitness is required, he will suffer prejudice even in obtaining jobs in private sector as well," the presiding officer said.
