29 yrs on, woman gets relief enhanced for child’s death

Enhancing the compensation originally awarded to the woman for injury she suffered, the court increased it from Rs 5,000 to Rs 25,000, with 9 per cent interest from the date of the accident to the date of deposit. Also, the compensation awarded for the death of the child has been increased from Rs 25,000 to Rs 2.75 lakh with a similar 9 per cent interest.

The accident had occurred on April 26, 1989 when a State Transport Corporation bus collided with the van in which the woman and her child were travelling. When the matter reached before it, the Motor Accidents Claims Tribunal, Chengalpattu, awarded her Rs 25,000 and Rs 5,000 for the death of her four-year-old daughter and the injuries she herself suffered.

When the appeal moved by the mother came before the court, Justice P T Asha said, “The award of a paltry sum of Rs 5,000 is totally inadequate. Although she has claimed only Rs 10,000 as compensation, since she has suffered injuries as well as pain and agony because of the death of her child and the fear of losing the one that she was carrying in the womb, this court feels that a sum of Rs 25,000 would be a just compensation.”

Citing a Supreme court direction to arrive at a decision on fixing compensation for the child’s death, the judge said the court was considering a notional income of Rs 15,000. As the deceased minor was 4 years old, the multiplier of 15 was adopted. Thus, the loss of income was arrived at Rs 2.25 lakh. “To this, Rs 50,000 under the conventional heads should also be added. As a result, the appellants are entitled to compensation of Rs 2.75 lakh for the death of their minor daughter Bhavani,” Justice Asha said.

The Transport Corporation had opposed the claims, contending that the accident was not caused by the negligence of the bus driver. It occurred only because of the rash and negligent driving of the van driver in which the petitioner was travelling unauthorised, it said. The corporation had further contended that the neither was the van covered under insurance nor did the driver have valid driving licence.