Ricki Mathew Verghese, a Grade IV student of Delhi Private School (DPS), Sharjah, was on his way to attend tuition at around 5pm when the heavy vehicle, outside an under construction site, reversed without noticing the boy, killing him instantly.
Confirming the incident, Major Khaled Suleiman, Head of the Accident section of CID at Buhaira police station, told Khaleej Times that the Indian driver, after reversing, started emptying the concrete mix and the roar of the engine drowned the child’s screams. The driver is now in police custody and would be referred to the Dubai Public Prosecution on charges of negligence.
Close relatives of the family said that Rickey’s sister, Remi Mathew, returned home after helping the boy cross the road. “She usually helps him cross the road when he goes for his classes in a building located adjacent to their house. The family is in a state of shock and the mother has not able to come to terms with the tragedy,” said Jiji Verghese, Rickey’s uncle. The family is in a state of shock and is expected to fly back to India later this week for the cremation. The boy’s body is in the Al Qassimi Hospital mortuary and would be handed over to the family once all formalities are complete. The father, a top official with UAE Exchange, was returning from home when he was intimated about the accident, while the mother, who works with a pharmaceutical company, was at home.
Students and staff of DPS held a condolence meeting for Ricki on the school premises on Tuesday. Vandana Marwah, principal of the school, told KT, “There was nobody around when the accident took place and the driver himself is believed to have called the police. We met the mother. The boy’s death has been a big blow to the family. She has not eaten since the accident.”
Remi Mathew, a Grade XI student at DPS, was in fact recognized and given the Scholar Award by the school the same morning for her academic performance and the family is said to have been in a jubilant mood. Once the family returns from India, Marwah said the school plans to provide Remi the necessary support system and, if possible, counselling to help her get back to her studies.
Major Suleiman, however, said the Indian student was playing near the under-construction area where the accident occurred. He said the truck had entered the site to empty the concrete and did not notice the student playing behind the heavy vehicle. “The driver started emptying the concrete and due to the loud noise of the engine, he could not hear the child screaming. The driver has committed a mistake by not checking if somebody was behind the mixer,” Suleiman said. Khaleej Times, 17 September 2008.
CASE STUDY
Granted, the driver was negligent, as he should have exercised reasonable care while reversing the vehicle.
However, there is more to it than meets the eye. At one point the boy was escorted by his sister to tuition. At another point, the boy was playing near the under-construction site behind the vehicle. There was nobody around when the accident took place at the site.
Since the boy was playing near the under-construction site, the parents of the boy may be held accountable for contributory negligence by leaving the boy unattended at an unsafe locality (the site and its vicinity). The same holds true for the site personnel of the building contractor, their consultants, as well as the management of the ready mix concrete company. To elaborate this point, please consider the following:-
It is mandatory for the building contractor's personnel to be present at the sites under construction at all times. At the time of the accident, the site foreman or his assistant or other members of the site personnel should have been present at the site to receive the concrete. Where were they when the driver of the mixer was emptying the
concrete? Therefore, the building contractor has failed to provide adequate safety precautions at site, and hence stands accountable for contributory negligence.
Not ensuring such safety precautions at the site by the building contractor, the consultants stand equally accountable for contributory negligence.
It is expected of the site supervisor of the ready mix concrete company to be present at the sites where the concrete is supplied. Where was he? And why the management of the company failed to ensure that the site supervisor was present on the site? The site supervisor is accountable for negligent in his duties, and the management of the company shall be made accountable for failing to ensure the presence of the site supervisor at site - an instance of contributory negligence by the management of the ready mix concrete company.
We hope that the rule of law would be strictly applied in this case by the authorities concerned to ensure that no-one goes scot-free here or anywhere in the world in the future by failing to exercise reasonable care in their day to day life.
If the incident occurred outside the site premises, then observations under this case study may have a lesser bearing on the parties herein who are accountable for contributory negligence.
In the meantime, we pray for the departed soul of Ricki Mathew to rest in peace.
No comments:
Post a Comment