Exercise of power for awarding compensation in cases of tortious negligence.

The prayer in the writ petition reads as follows :-

"to issue a writ of mandamus or order or direction in the nature of a writ directing the respondent-Corporation to pay adequate and fair compensation for the loss of the life of the petitioners son."

.2. The case of the petitioner as seen from the affidavit is briefly stated hereunder :-

.The second respondent viz., Neyveli Lignite Corporation Limited is in the mining operation with giant escalator at Second Mines Site. A brick-wall was discovered inside the mine and it was thought that it could be an ancient cave. After hearing the news, the public in the surrounding area were anxious to see the ancient cave. It is averred that there is no fencing or notification cautioning the people on the imminent danger for public. The people, unmindful of the extreme danger, were visiting the structure in large number. The petitioners son S. Muthukumaran, aged about 13 years who was studying in VIII Standard at Neyveli Lignite Corporation Higher Secondary School, Mandarakuppam, Neyveli, went to the site along with one Balaji, aged about 17 years, a neighbour to him at about 4 p.m. on 22-6-1990. As soon as they reached the site along with other spectators, they were trapped in a land side. On hearing the news the residents of neighbouring areas rushed to the area and dug out all of them. It is averred that the petitioners son was removed in an unconscious state and subsequently he died at about 5.30 on the same day.

.3. It is submitted that the matter has been reported to the Sub-Inspector, Law and Order, Neyveli Police Station and a case has been registered in Crime No.457 of 1990 under Section 174 of Cr.P.C. News about the accident and consequent death of petitioners son was reported in the press on 23rd and 24th June 1990. According to the news item the accident was due to the negligence and carelessness of the second respondent authorities who have not adequately cautioned the public on the imminent danger to the life of the people who visited the area nor any security provided at that place. It is also averred that there was no security-man posted in that area to prevent or warn the visitors. Though the authorities were aware of the surging crowd to have a look at the submerged stone structure inside the mines, they never took earnest steps to warn the public adequately to prevent the loss of life or on the imminent danger awaiting for. In those circumstances, according to the petitioner, the failure of the authorities of Neyveli Lignite Corporation has led in the loss of life. It is further averred that at the time of the mishap, the petitioners son was studying in VIII Standard at Neyveli Lignite Corporation Higher Secondary School. He was a bright student throughout his school days, and top - ranker. He was his only son out of three children. His bright future had given a great hope to the petitioners peaceful life and old age which is now rooted out due to the death. The loss and consequential mental agony caused by the death to the negligence of the second respondent cannot be measured and fully compensated. Yet he approached this Court for appropriate direction for payment of adequate and fair compensation for the loss of life.

4. The second respondent filed a counter affidavit, wherein they contended that the writ petition is not maintainable and the petitioner is not entitled to seek the remedy under Article 226 of the Constitution. They also averred in their counter affidavit that the second mine area where the accident took place is a open cast mine situated in a total extent of 18 square kilometres and lignite is being excavated in an area of 4 square kilometres and at a depth of about 50 metres from ground level. The soil cover of about 50 metres depth, overlying the lignite, is being removed in 3 slices namely Top Bench, Middle Bench and Bottom Benches with a height of 20, 15 and 15 metres respectively. The soil removal in these three benches is carried on