When a civil miscellaneous appeal of Oriental Insurance Company Ltd, challenging the order of a motor accidents claims tribunal came up, a division bench of Justices N Kirubakaran and R Pongiappan enhanced the relief. “It is difficult for a girl or boy to get a suitable alliance when she or he is disabled, especially when one of her or his legs is amputated,” the bench observed.
“The material prospects of the victim in the present case would be bleak or less. Hence, this court has increased the compensation,” the bench said and ordered the insurance company to deposit the amount after deducting the amount if paid anything already within four weeks with interest.
The leg of the girl studying in class 2 was crushed by a private bus that was driven rashly and negligently in Tiruppur district in 2012. The disability had been fixed at 85 per cent by the Motor Accident Claims Tribunal, which awarded a compensation of Rs 19 lakh.
Noting that no amount of compensation would give to the victim the pleasures of life, the bench said, “She has been made to endure untold misery and hardship and also bear the social stigma as a disabled person. The drivers should realise that their fault causes loss of life or injuries to innocent third parties making them suffer throughout their lives.”
“The story of the victim child should teach the Indian drivers to drive more carefully and responsibly,” it said.