MANAGING DIRECTOR Vs. MINOR GOVINDARAJ

JUDGEMENT

(1.) HEARD the learned counsel appearing for the appellant.

(2.) THE present appeal has been filed by the Tamilnadu State Transport Corporation (Madurai Division-V) against the award passed by the Motor Accidents Claims Tribunal, awarding a sum of Rs. 3,55,000/-, as against the claim of Rs. 5,00,000/-, to the minor claimant/respondent who sustained injuries on account of motor vehicle accident. Finding of the Tribunal shows that the accident had occurred due to the negligence of the driver of the vehicle belonging to the Transport Corporation. The present appeal relates only to the question of quantum.

(3.) THERE is no dispute that the injured/claimant is a minor, aged about 17 years, a student in class 10. There is also no dispute that the right leg below the knee has been amputated. The learned counsel for the appellant submitted that in the facts and circumstances of the case, the award to a sum Rs. 3,55,000/- appears to be excessive. The Tribunal has referred to the various heads of claim and has awarded different amounts under different heads. In such matters, there cannot be any scale to weigh the compensation payable. The fact that the injured person is a boy and his leg was amputated cannot be lost sight. Having regard to these aspects, we do not think that the payment of compensation of Rs. 3,55,000/- is high one.