LAWS(MAD)-2011-1-616

MANAGING DIRECTOR Vs. MINOR DEVI PRIYA

Decided On January 21, 2011
MANAGING DIRECTOR Appellant
V/S
Minor Devi Priya Respondents

JUDGEMENT

(1.) THE Tamil Nadu State Transport Corporation has come forward with this Appeal as against the award of Rs.4,40,075/ - in respect of amputation of right leg of a minor child aged 1 -1/2 years.

(2.) ACCORDING to the Transport Corporation, the compensation awarded by the lower Court is excess, as there cannot be any loss of earning capacity for a minor child. The same is not legally sustainable and hence, the award of compensation should be reduced.

(3.) THE learned Counsel for the Respondent would contend that the amputation of right leg would affect the child throughout her life. It would also affect her future job and earning capacity. Moreover, the child being female, her marriage prospects would also be affected. Also, for her entire life, she needs an attendant. Without an attendant, she could not lead a normal life.