HC rejects Transport corpn plea for lesser compe'sation to boy

The Madras High Court today rejected the appeal of the state transport corporation to award lesser compensation of Rs 5.5 lakh to a seven-year-old boy who met with an accident in 2002 and increased it to Rs 9.5 lakh.
The court rejected the plea of the corporation's counsel that the victim was just a seven-year-old boy and the calculated compensation would be very high and increased the amount.
Arul fell from a state transport corporation bus on March 8, 2002 in Tiruchirapalli, following which his leg was amputated. His father then moved the Motor Accidents claims Tribunal, claiming Rs 10 lakh as compensation

Justice S Vimala said that "irrespective of the percentage of the disability, it goes without saying that when the claimant has suffered with 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."
In June 2005, a Tribunal at Ariyalur awarded Rs 5.5 lakh compensation.
The corporation appealed against it on the ground that the damages package was disproportionate to the nature of injuries suffered and wanted the compensation be reduced.

Arul's father also filed an appeal saying the compensation was grossly inadequate and sought enhancement of the compensation.

The counsel for transport corporation contended that when the claimant was just a 7-year-old boy, his prospects cannot be calculated at such an exorbitant rate.
Rejecting the contention, Justice Vimala said the boy's mobility had been completely affected and added that he also suffered stump and phantom limb pain.
She then enhanced the compensation to Rs 9.5 lakh payable with 7 per cent interest.