TN govt penalised over appealing against compensation for wall collapse victim
However, the information lodged by the jurisdictional Village Administrative Officer clearly stated that the child died due to injuries caused by the collapse of the side wall.
Madurai bench of Madras High Court
MADURAI: The Madurai bench of Madras High Court on Wednesday imposed a fine of Rs 50,000 on the State government for filing an appeal against victim compensation awarded earlier by this court.
Athipathi, petitioner and father of the victim Saranya (11), who died in a wall collapse in a house at a Sri Lankan refugee camp in Tiruvathavur, Melur taluk, Madurai district, after a downpour on May 12, 2014, sought compensation of Rs10 lakh from the government.
The stand of the respondents was that the asbestos-roofing put up by the petitioner fell on Saranya and that led to her death.
However, the information lodged by the jurisdictional Village Administrative Officer clearly stated that the child died due to injuries caused by the collapse of the side wall.
Justice GR Swaminathan in his order said that having housed the petitioner’s family along with others in the camp, the government was obliged to assume responsibility for their safety and well-being.
The respondents could not escape from their liability by attributing the occurrence to an ‘act of god’. Only because the wall was poorly constructed it collapsed. Therefore, the State was directed to pay a compensation of Rs 5 lakh as it assumes absolute liability.
A division bench comprising Justice R Subramanian and Justice Victoria Gowri, after hearing, dismissed the appeal and reprimanded the government saying that it should be ashamed for filing an appeal in the case.
The bench then pointed out that while funds of Rs 10 lakh were available to compensate each of the families of those who died after consuming spurious liquor in Kallakurichi, the government was unable to provide compensation for the girl, who died in the wall collapse.