Ice cream vendor ordered to pay compensation for traffic accident

A driver was today ordered to pay over €8,000 as compensation to a child injured in a traffic accident, but the First Hall of the Civil Court found that the driver and the parents were equally to blame for the incident.

The case was instituted by Charles and Veronica Debono, on behalf of their son Christian, against Charles Camilleri.

The accident occurred on September 22 1994 in Fgura, when the boy was run over by an ice cream van driven by Mr Camilleri.

The driver told the court that he had glimpsed a child emerging onto the street from behind a parked car. He had braked to avoid an accident but had hit the child.

Mrs Debono told the court that she was in her home doing housework while her children were eating in the kitchen.

However, it resulted that the Debonos' home was not locked and Christain, then two two years old, went into the street.

The court concluded that both parties were equally to blame for the accident. Mr Camilleri had been driving at excessive speed and had failed to keep a proper look out. On the other hand, Mr and Mrs Debono had not adequately supervised their children and had not taken proper precautions to prevent their children from leaving their home.

The court liquidated the damages sustained by Christian Debono in the sum of €16,673.

Mr Camilleri was ordered to pay half this sum to the Debono family.