Lawfully yours: By Retired Justice K Chandru | Solatium to hooch victims cannot be said to be on high side

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in

Update: 2024-07-08 01:30 GMT

Retd Justice K Chandru

Compensation to hooch victims cannot be said to be on high side

The Madras High Court has rightly expressed its dismay at the State govern- ment’s act of paying a huge compensation to the family members of those who died drinking arrack. Why should the State exchequer be emptied for those who resort to such unethical acts? Also, it is the corrupt administration and police who allow such illegal acts that result in such tragedy. So, can’t there be a mech- anism where a fine is imposed on these officials to pay compensation to such victims? —Baranidharan, Kancheepuram

Courts are not best suited to decide the question of compensation. The recent offer of compensation for the families who lost their breadwinner cannot be said to be on the high side. If that amount of Rs 10 lakh is kept in long-term fixed deposits it will fetch interest of Rs 6,000 after taxes. It will be hardly enough to maintain a family. Further, in road acci- dents, even if the victims were found at fault they are paid compensation based on no-fault liability. Let the government be allowed to fix the rate of compensation. Also, recovering the penalty from officials may involve a procedure and will take time. Till then the affected cannot be kept waiting. People well off like Olympic winners were paid fabulous cash awards by the State. What is the logic behind it?

At times, govt should penalise negligent officials to pay damages to the affected

Recent cases of hospitalisation due to food poisoning, which is mainly attributed to contaminated water, point to official callousness and calls for stringent action against those guilty. Be it drinking water pipeline bursts or contamination of groundwater, it is the official apathy to be blamed. In many areas, water borewells spit out are unfit for consumption, putting residents at the mercy of local bodies. While our governments come up with various schemes to guarantee food security, isn’t access to clean drinking water the right of all citizens?— Vino Karthik, Saidapet

It is, no doubt, true that the State is responsible for many issues plaguing the common man. In many cases, it also makes some attempts. In the process, it also commits many mistakes. Neglect in the maintenance of pipelines is one such that can’t be ruled out. While we expect government officials to keep vigilant, on many occasions it is not happening. At times, it is necessary to penalise those negligent ones and compensate the affected people.

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