Septic tank death: Individual who engaged cleaner must pay compensation, says Madras HC

CHENNAI: If the authorities find reasons to believe that an individual who engaged the person to clean septic tanks is directly or indirectly responsible for the person’s death, then that individual must bear the compensation paid to the family of the deceased, held the Madras High Court.

Differing from a division bench's observation, which questioned the authorities (municipal corporation) blaming individuals for such incidents, Justice CV Karthikeyan said not every incident could be decided in that way. Every incident leading to death would have to be examined on a case-by-case basis, the judge said.

After reviewing the facts and adopting proper procedure, if the authorities arrive at a conclusion that the private individual who engaged the person to clean the septic tank holds responsibility for his death directly or indirectly, then the compensation money should be recovered from that individual, Justice Karthikeyan said.

The court said this while hearing a petition moved by GD Yogesh Babu challenging the order issued by the Greater Chennai Corporation to recover Rs 10 lakh, the compensation that the civic body paid to the wife of the deceased.

The petitioner cited the observation made by a division bench in the Safai Karmachari Andolan vs Union of India case that "it is usual fashion for the Corporation to blame private parties and the contractor for the incident" and sought a direction to quash the compensation recovery order.

However, the judge dismissed the petition, noting that the petitioner also holds responsibility for the death.

Also Read: Police arrest school officials over 3-year-old girl's death in Vikravandi