Mumbai: For rash driving that caused brain injury to toddler, 6-months-jail

The toddler had fallen from the arms of her father Prashant Padyal when the speedily driven white Activa of Mohd. Faisal had hit his leg.

Bhavna UchilUpdated: Monday, August 15, 2022, 10:02 PM IST
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Observing that the victim of rash driving was only 1.5 years old at the time of the accident in Nov 2019 and is still unable to speak, a magistrate court in Andheri has sentenced a 24-year-old to a six months rigorous jail term.

The toddler had fallen from the arms of her father Prashant Padyal when the speedily driven white Activa of Mohd. Faisal had hit his leg. While the father had sustained a leg injury, the child had fallen and sustained a head injury. The family was crossing the Andheri-Kurla road on Nov 9, 2019 around 5.15 pm when the two-wheeler coming from Sakinaka side had hit them.

A doctor from Cooper Hospital where the child was first taken, had testified that the toddler was unconscious when brought into the Emergency Department, was in shock and critical. The doctor had further said that there was brain injury with internal bleeding and swelling in the brain. The mother of the toddler had told the court that the child had to undergo 18 stitches on her head, her left hand still does not function and that she is still unable to speak.

The accused had contended that there was no zebra crossing where the family was crossing. The court said in its judgment that the spot is not a highway and it is an internal road. “It is not expected from the general public to search for a zebra crossing or traffic signal before crossing the road. On the contrary it is the responsibility or duty of the rider to consider the peculiar situation on the road and also to control the speed limit on a busy or crowded internal road,” the court stated.

Metropolitan Magistrate Samina A. Sayed said it is established that the accused was riding negligently and at high speed. The accused’s advocate had sought leniency for him pointing out that he has no criminal record. The court said while deciding his sentence that instances of road accidents are alarmingly growing and lakhs of small children and adults die in them. It is high time that such offenders are punished, it said.

The court also imposed a fine of Rs. 30,000 on the accused, the entire amount is to be paid as compensation to the complainant. The order said that the loss sustained by the informant and his family cannot be compensated, but a gesture of empathy would be apt to reassure them that they are not forgotten by the criminal justice system.

Observing that the victim of rash driving was only one-and-half-year old at the time of the accident on November 9, 2019, and is still unable to speak, a magistrate court in Andheri has sentenced a 24-year-old to a six months rigorous jail term.

The toddler had fallen from the arms of her father Prashant Padyal when the speedily driven two-wheeler of Mohd Faisal hit his leg. While the father had sustained a leg injury, the child had fallen and sustained a head injury. The family was crossing the Andheri-Kurla road when the two-wheeler coming from Sakinaka hit them.

A doctor from Cooper Hospital where the child was first taken, had testified that the toddler was unconscious, in shock and critical. The doctor further said that there was a brain injury with internal bleeding and swelling. The mother of the toddler had told the court that the child had to undergo 18 stitches on her head, her left hand still does not function and she is still unable to speak.

The accused had contended that there was no zebra crossing where the family was crossing. The court said in its judgment that the spot is not a highway and it is an internal road. “It is not expected from the general public to search for a zebra crossing or traffic signal before crossing the road. On the contrary, it is the responsibility of the rider to consider the peculiar situation on the road and also to control the speed limit on a busy or crowded internal road,” the court stated.

Metropolitan Magistrate Samina A Sayed said it is established that the accused was riding negligently and at high speed. His advocate had sought leniency for him pointing out that he has no criminal record. The court said while deciding his sentence that instances of road accidents are alarmingly growing where lakhs of small children die. It is high time that such offenders are punished, it said.

The court also imposed a fine of Rs 30,000 on the accused, the amount is to be paid as compensation to the complainant. The order said that the loss sustained by the informant and his family cannot be compensated, but a gesture of empathy would be apt to reassure them that they are not forgotten by the criminal justice system.

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