The Madras High Court dismissed the writ appeal filed by State officials against an order awarding compensation for the drowning death of an 11-year-old child who fell into a pit dug by a contractor.
The State Government to pay the awarded compensation within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2017 CORAM:
THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.A.(MD) No.619 of 2017 and
C.M.P.(MD) No.5133 of 2017
1.The District Collector, Thanjavur District, Thanjavur.
2.The Executive Engineer, Public Works Department, W.R.D., Thanjavur. ... Appellants/Respondent
-vs-
William David ... 1st Respondent/Petitioner
Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 03.03.2017 in W.P.(MD) No.13651 of 2013, on the file of this Court.
Prayer in WP(MD). 13651/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ of Mandamus, directing the respondents herein to pay the compensation for the death of petitioners son named AMALSUBI DAISON, aged about 11 years, within a stipulated time fixed by this Honble court.
For Respondent : No appearance
J U D G M E N T
(Judgment of the Court by The Hon'ble The Chief Justice)
This writ appeal is directed against an order, dated 03.03.2017, passed by the Single Bench in W.P.(MD) No.13651 of 2013, directing the appellant to pay compensation of Rs.5,00,000/to the writ petitioner for the death of his son, who admittedly https://hcservices.ecourts.gov.in/hcservices/ fell into the pit dug by a contractor engaged by the appellants.
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2. We would have expected the State to have gractiously accepted the responsibility and pay compensation of Rs.5,00,000/-, which is a small amount for the life of a 11 year old child.
3. The learned Special Government Pleader argued that the pit
had only one feet of water and the child might have died due to heart disease. The learned Single Judge did not accept the aforesaid submission and in our view, rightly, the postmortem report opines that the child died due to drowning, which was associated with congenital heart disease. Even assuming that the child did suffer from a congenital heart disease, the ultimate reason for the death was drowning.
4. The fact remains that the drowning did take place. The pit
was dug up by the appellants and the child fell into the pit and died. The learned Single Judge rightly awarded the compensation.
5. Hence, the writ appeal is dismissed. The State Government, within 30 days from date of receipt of a copy of this order, shall pay the compensation to the respondent. The appellants may, if so advised, recover the compensation from the contractor. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
+1cc to Mr.G.Gomathi Sankar, Advocate Sr.No.61999
KRK/SJ
VB/MR/SAR1/30.06.2017/2P/5C
W.A.(MD) No.619 of 2017 and C.M.P.(MD) No.5133 of 2017 23.06.2017
1 issue framed by the court
Whether the dismissal of the writ appeal against the award of compensation for death in a pit dug by the State is sustainable.
The District Collector, Thanjavur District
The Executive Engineer, Public Works Department, W.R.D., Thanjavur
William David
INDIRA BANERJEE
T.S.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
