Grandparents eligible to get compensation on behalf of grand children

MADURAI: Madras high court has given nod for granting accident compensation to grandparentswho are looking after their grandchildren. The order came on an appealed filed by the Tamil Nadu State Transport Corporation (TNSTC) against an order of the Motor Accidents Claims Tribunal (MACT) granting Rs 13.8 lakh as compensation to the claimants, a man and his two minor sons. His wife was killed in an accident involving a TNSTC bus belonging to Kumbakonam division on February 24, 2010.

Shanthi, who ran a business of selling eatables, was riding pillion on the bike driven by her husband when she was run over by the bus. Following it, her dependents filed a claim before the MACT, Trichy, claiming Rs 15 lakh compensation. It passed orders on September 11, 2012 awarding Rs 13.8 lakh as compensation to the claimants, Kannan and his two minor sons Viswanathan and Gokula Krishnan. Viswanathan was just seven-months' old when he lost his mother and his elder brother, 13.


The compensation was arrived by taking into account future loss of income to the family and amount to be paid to baby's caretakers, who are the parents of Kannan.
However, the TNSTC MD filed an appeal at the high court bench challenging the award. During hearing, TNSTC said the amount of Rs 1.8 lakh towards baby's caretaker was not sustainable, since the child was looked after by his paternal grandparents. Besides, it disputed the estimate of future loss of income.

Justice N Kirubakaran who heard the case partly allowed the appeal and upheld the amount towards baby's caretakers.

"Though it is stated that the paternal grandparents are said to be looking after the child, a committed caretaker alone would be in a position to look after the child. Therefore, the amount awarded by the MACT is sustained," the judgment observed.

The order permitted Kannan to withdraw his share alone from the award amount that has been deposited before MACT. It further directed the Tribunal to deposit the minors' share amount to any one of the nationalized banks initially for a period of three years and thereafter renew it periodically, till they attain majority.

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