A woman who lost her two-year-old daughter in a traffic accident in January 2005 was yesterday awarded more than €200,000 in damages.

In an action against Karl Micallef and Joseph Azzopardi, Marthese Vella told the court that while she was walking with her daughter, Hayley, who was in a pushchair, on the pavement in Għammieri Street, Qormi, a car driven by Mr Micallef hit them.

The car, which belonged to Mr Azzopardi, was not licensed or insured. Hayley died as a result of the incident and Ms Vella suffered a permanent disability.

Mr Justice Mark Chetcuti heard that at the time of the accident Mr Micallef was 18 and had got his driving licence about two months before. He had just started working for Mr Azzopardi on a trial basis as a flower deliveryman.

The car’s licence and insurance had expired and Mr Azzopardi told the court he had not renewed them for financial reasons.

The court heard that, a few minutes before the collision, Mr Azzopardi had called Mr Micallef to ask why he was not yet at his place of work. Subsequently, Mr Micallef skidded and the car hit Ms Vella and the child.

The judge pointed out that the road was wet with dew but the court expert had found that the damage caused to the wall bordering the pavement indicated that Mr Micallef was driving at excessive speed.

Mr Justice Chetcuti dismissed Mr Micallef’s claim that the accident had been caused by circumstances beyond his control.

He also found Mr Azzopardi equally responsible for the accident. He had allowed Mr Micallef to use the car even though he knew the vehicle was not licensed or insured.

He was also aware that Mr Micallef was only 18 and had, therefore, only recently learned how to drive. Mr Azzopardi had not exercised the diligence of a good employer.

The medical experts who examined Ms Vella concluded she had sustained a 40 per cent permanent disability because she suffered serious injuries to her legs.

At the time of the accident Ms Vella was 28 and had two children. She was no longer fully physically independent and would find it difficult to work in the future. The court assessed the damages she suffered at €133,477.

When assessing the damages suffered as a result of the girl’s death, the court declared that, in terms of law, if a minor died, her parents would inherit half of her estate and her siblings the other half.

Ms Vella had separated from her husband 10 months after the accident and, in the deed of separation, the husband had assigned to his wife any compensation he might receive as a result of the death of their child.

Their other daughter was the heir to the other half of Hayley’s estate but the court noted that, unfortunately, she had not been legally represented in the court case by her parents and could not therefore be awarded any damages.

The judge also added that the damages due in respect of the girl’s death were €600,000 but that a deduction had to be made to cover the period of her dependency on her parents and for consumption. As a result, the damages were reduced to €150,000. As Ms Vella was the heir of one half of her daughter’s estate, she was awarded €75,000 in damages.

The court ordered Mr Micallef and Mr Azzopardi jointly to pay a total of €208,477 to Ms Vella.