MADURAI: The Madras High Court bench at Madurai has ordered the Tamil Nadu State Transport Corporation (TNSTC), Karaikudi, to pay `5.32 lakh as compensation to a class VI boy, who met with an accident involving a TNSTC bus. The court also permitted the boy’s father to withdraw a part of the compensation amount to repay debts incurred for the medical treatment.
The boy, Kalanjiam, was knocked down by a bus in September 2009 and sustained injuries. On a petition from his father, the Motor Accidents Claims Tribunal (Sub Court) Ramanathapuram awarded a sum of `5,32,390 as compensation.
The TNSTC filed an appeal stating that the compensation was excessive. Its counsel contended that the Tribunal ought not to have awarded a sum of `87,390 towards medical expenses and `1 lakh towards pain and sufferings.
Petitioner’s counsel K Kumaravel contended that the boy was hospitalised for over five months and because of the fracture in the right leg and doctors had feared that leg might have to be amputated. His father had borrowed money to meet the medical expenses.
Passing orders, Justice S Vimala said that it is necessary to look into the period of treatment, nature of injury and the impact of injury on the boy’s future.
“Having regard to the opinion expressed by the doctor, it cannot be said that the award of compensation towards pain and sufferings and medical expenses is excessive. Having regard to the medical expenses incurred, it is highly reasonable,” the judge said and directed the TNSTC to deposit the entire amount of `5.32 lakh within six weeks.
On such deposit being made, the boy’s father is permitted to withdraw `87,390 which was spent towards medical expenses to repay debts. The remaining money shall be deposited in nationalised bank’s branch located at High Court Bench till the boy attains majority. Till such time, the bank will send interest from the deposit directly to the father of the claimant under intimation to the Tribunal.