The Hindu : Tamil Nadu News : Parents' agony should determine damages in accidents: Madurai Bench

Online edition of India's National Newspaper
Friday, Feb 11, 2005

Tamil Nadu

Tamil Nadu

Parents' agony should determine damages in accidents: Madurai Bench

By Our Staff Reporter

MADURAI, FEB. 10. The Madurai Bench of the Madras High Court has ruled that parents of child victims in motor accident cases be awarded compensation considering their agony and not based on the "speculative" earning capacity of the children.

The first Division Bench, comprising Chief Justice Markandey Katju and Justice Prabha Sridevan, yesterday dismissed as devoid of merits an appeal petition jointly moved by the president of an English medium school in Kanyakumari district and an insurance company challenging a Motor Accidents Claim Tribunal award to the parents of three-and-a-half-year-old Haseena Banu. The child was run over by her school van while alighting from the vehicle on returning home on August 28, 1996.

The tribunal, by its May 25, 1998 order, fixed the pecuniary loss to the parents at Rs.500 a month for 18 years and arrived at Rs.1,08,000 payable along with Rs.4,500, including the funeral expenses. The driver, the president of the school and the insurance company were directed to jointly bear the compensation.

The appellants said the tribunal's multiplier method was contrary to the law and that an exorbitant compensation could not be awarded in the case in which the victim was a minor. Also the driver was not guilty of rash and negligent driving and there was no reliable evidence to prove the charge.

However, the Bench, observed, "the child at a tender age can hardly be blamed for the accident and it is the duty of the driver to take care and ensure that such an accident does not occur."

Enumerating the dreams of the parents for the child, the Bench said, "The mental scar on the mother would be permanent and she will be thinking of the child until her own death and that factor should be taken into consideration while awarding damages."

Printer friendly page
Send this article to Friends by E-Mail

Tamil Nadu