'Shattered dreams' earns victim higher compensation

Holding that amputation below the knee would cripple the future of a seven year old boy and shatter his dreams, the Madras High Court has enhanced the compensation amount of Rs 5.05 lakh slapped by a tribunal to `9.50 lakh.

Published: 30th October 2013 12:56 PM  |   Last Updated: 30th October 2013 12:56 PM   |  A+A-

Holding that amputation below the knee would cripple the future of a seven year old boy and shatter his dreams, the Madras High Court has enhanced the compensation amount of `5.05 lakh slapped by a tribunal to `9.50 lakh.

Justice S Vimala came to the aid of the boy’s father while disposing of two appeals from the father and the Tiruchy unit of the State Transport Corporation, both challenging the tribunal’s award.

Turning down the objections raised by the Transport Corporation, the judge observed that “irrespective of the percentage of physical disability, it goes without saying that when the claimant has suffered amputation, his future is crippled and his dreams are shattered into pieces. Therefore, all possible consequences arising out of the disability have to be compensated by the Transport Corporation.”

Arul fell off the bus and his leg came under the wheels on March 2, 2002. After the leg was amputated, his father Karunanidhi moved the motor accidents claims tribunal in Ariyalur seeking a compensation of `10 lakh.

The Tribunal announced a compensation of  `5.5 lakh in June 2005.

The corporation appealed against the award on the ground that the damages package was disproportionate to the nature of injuries suffered. It wanted it to be reduced.

The boy’s father also filed an appeal saying the compensation was grossly inadequate.

As the claimant was a small boy aged about seven at the time of the accident, his future prospects could not be calculated at such an exorbitant rate, the Corporation contended.

Rejecting the same, Justice Vimala said the boy’s mobility was completely affected. He also suffered stump and phantom limb pain. She then enhanced the compensation to `9.5 lakh payable with 7 per cent interest.

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