Kristian Lutchmansingh was 10 years old when on July 6, 2011 - the last day of school - he was attempting to cross the road at Chin Chin Road, Las Lomas, and was struck by his teacher’s car.
The child attended the Las Lomas Primary School.
Lutchmans i ngh’s mother Dawn Albert took the matter to court against the driver, Donnell Siewnarine, and his insurance company, New Indian Assurance Company Limited.
In their defence, the insurance company claimed the schoolboy suddenly dashed out in front of the vehicle giving the teacher no opportunity to avoid the accident.
They denied the driver was negligent and placed culpability on the child for causing the accident.
The matter went on trial on the issue of “liability” before Justice Andre des Vignes in November and in his ruling he found Siewnarine to be mainly responsible for the accident.
Lutchmansingh was awarded 80 percent of his claim which was reduced for contributory negligence when he darted across the road to the bus.
In his findings, the judge concluded that the teacher knew or ought to have known that the bus would be filled with schoolchildren and while attempting to overtake the bus which was occupying most of the road, he accelerated, driving at an excessive speed, and negligently collided with the child.
He also found that Siewnarine did not sound his horn when he overtook the bus.
The judge further found that Lutchmansingh would have been more than excited to go home on the last day of school so it was highly unlikely that he would have walked across the road slowly and that it was highly probable that the child ran across the road.
The child was represented by attorneys Lennox Sanguinette, Farai Hove Masaisai and Issa Jones.