Holding that amputation below knee would cripple the future of a
seven-year-old boy and shatter his dreams into pieces, the Madras High
Court has enhanced the compensation amount of Rs 5.05 lakh awarded by a
tribunal to Rs 9.50 lakh. Justice S Vimala came to the help of the boy’s
father while disposing of appeals from the father and the Tiruchy unit
of the State Transport Corporation.
Turning down the objections raised by the 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 Rs 10 lakh.
The tribunal awarded Rs 5.5 lakh in June, 2005.
The corporation appealed against the award on the ground that the damage 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.
Source : The New Indian Express , 30th October 2013
Turning down the objections raised by the 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 Rs 10 lakh.
The tribunal awarded Rs 5.5 lakh in June, 2005.
The corporation appealed against the award on the ground that the damage 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.
Source : The New Indian Express , 30th October 2013
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