Disposed

Kalavathi .D v. State of Tamil Nadu

Madras HC19 Nov 2024WP(MD)/3272/2024

Case brief

AI extract

What is this about?

Writ petition seeking compensation for a man gored to death while watching a Manjuvirattu bull-taming event organised by a private respondent. The court directed Oriental Insurance Company Limited to process and disburse the pending insurance claim within four weeks without waiting for the chemical analysis report.

What did the court decide?

Oriental Insurance Company Ltd directed to disburse insurance claim within four weeks without waiting for chemical analysis report.

Kalavathi .D Vs State of Tamil Nadu — Motor Accident Claims | Madras HC (2024)

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W.P.(MD)No.3272 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.(MD)No.3272 of 2024

D.Kalavathi

... Petitioner

/Vs./

1.State of Tamil Nadu, Rep. By, the Principal Secretary, Department of Animal Husbandry, Fort St George, Chennai - 600009.

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2.The District Collector, District Collectorate, Madurai District.

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3.The Revenue Divisional Officer, Narasingampatti, Melur Taluk, Madurai District.

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4.The Tahsildar, Melur Taluk, Madurai District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3272 of 2024

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5.The Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

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6.Solaikon Periyamuthukon

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the Respondents No.1 to 5 to pay fair and reasonable compensation to the petitioner for the death of the petitioner's husband, who died while watching the Manjuvirattu event conducted in Seikkipatti village, Melur taluk, Madurai district on 03.03.2023 by considering the petitioner's representation dated 07.12.2023 within the time stipulated by this Court.

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For Petitioner : Mr.H.Mahamed Hussain For Respondents : Mr.D.Gandhiraj (R1 to R4) Special Government Pleader Ms.M.Aasha (R5) Government Advocate Mr.M.Sathyaseelan (R6)

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3272 of 2024

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ORDER

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This writ petition has been filed for a direction to the official respondents to pay fair and reasonable compensation to the petitioner for

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the death of the petitioner's husband, who died while watching Manjuvirattu event conducted in Seikkipatti village, Melur taluk, Madurai district on 03.03.2023, by considering the petitioner's representation dated 07.12.2023.

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2. Heard the learned counsel on either side and perused the materials placed before this Court.

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3. While the petitioner's husband was watching Manjuvirattu festival held on 03.03.2023 organized and conducted by the sixth respondent herein, along with his friends, the bull gored him, due to which, he sustained grievous injuries and he also succumbed to the injuries. A case has also been registered in Crime No.61 of 2023 on the file of the Inspector of Police, Melavalavu Police Station, Madurai District, under Section 174 of Cr.P.C. The petitioner made a representation seeking compensation from the Government of Tamilnadu.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3272 of 2024

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4. The learned counsel appearing for the sixth respondent would submit that as per the Government Order in G.O.(D)No.129, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (AH3) Department, dated 01.03.2023, the sixth respondent followed the standard operating procedures and also insured the entire event including the spectators for a sum of Rs.5,00,000/- with the Oriental Insurance Company Limited under policy No.480196/48/2023/64 dated 17.02.2023. Accordingly, the claim of the petitioner was made before the Oriental Insurance Company Limited and it is pending for consideration. He also produced the communication of the Oriental Insurance Company Limited, dated 04.09.2023 produced by the sixth respondent stating that the claim petition is pending for chemical analysis report of the deceased.

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Considering the above, the Oriental Insurance Company

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Limited is directed to consider the insurance claim of the sixth respondent on the demise of the petitioner's husband without waiting for chemical analysis report of the deceased and disburse the claim amount within a period of four weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.3272 of 2024

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6. With the above direction, this writ petition is disposed of. No

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costs.

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19.11.2024

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Index : Yes / No NCC : Yes / No sm

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TO:-

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1.The Principal Secretary, Department of Animal Husbandry, Fort St George, Chennai - 600009.

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2.The District Collector, District Collectorate, Madurai District.

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3.The Revenue Divisional Officer, Narasingampatti, Melur Taluk, Madurai District.

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4.The Tahsildar, Melur Taluk, Madurai District.

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5.The Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

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COPY TO :-

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1.The Oriental Insurance Company Limited, Motor Third party Claims Hub- Madurai, KJR complex,

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16, North Veli Street, Madurai – 625 001.

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W.P.(MD)No.3272 of 2024

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G.K.ILANTHIRAIYAN, J.

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Order made in W.P.(MD)No.3272 of 2024

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Dated: 19.11.2024

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Kalavathi .D v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Kalavathi .D v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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