The Madurai Bench of the Madras High Court, hearing an appeal for increase in compensation, has directed the Madurai division of Tamil Nadu State Transport Corporation to pay ₹5 lakh with interest at 7.5% per annum from the date of filing the petition to the date of realisation.
The single judge bench of Justice J. Nisha Banu directed that the entire amount be deposited to the claimant’s bank account within four weeks from the date of receipt of order. The claimants had filed an appeal before the High Court in 2010 for enhancement of compensation awarded by the Motor Accident Claims Tribunal (Sub Court), Madurai. The court also directed that if any compensation was already paid to the claimants that amount be deducted in the final payment. The court applied the precedent set by the Supreme Court in the Lata Wadwa and the Kishon Gopal judgement. The age of the victim, who was 11 years, mother (35 years) and father (45 years) at the time of accident was taken into consideration.
The victim, Gubendran, 11 years, was killed after his cycle was run over by a bus belonging to the then Pandian Roadways Corporation, now the Tamil Nadu State Transport Corporation, Madurai Division, in 1984.
The claimants had filed a petition before the Motor Accident Claims Tribunal (Sub Court) claiming ₹50,000 as compensation for the loss of their son. However,the Tribunal had awarded ₹15,000 as compnsation at the rate of 9 % interest in 1985.
