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2005 DIGILAW 770 (MAD)

The Managing Director v. Minor Govindaraj

2005-04-28

A.R.RAMALINGAM, P.K.MISRA

body2005
Judgment :- P.K.Misra, J. 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. 4. Assuming that the award can be said to be excessive and warrants interference, it has to be remembered that the injuries sustained by him will remain permanent and disable him physically and mentally. It is not only affect his future profession being employed, but also affect his personal life and even in the matter of marriage. Having regard to all these facts and keeping in view the fact that the Indians' life and limbs cannot be treated as cheap commodity, we do not think, there is excessive award. Accordingly, the appeal is dismissed.