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2012 Supreme(Mad) 2155
High Court of Judicature at Madras
N. PAUL VASANTHAKUMAR
K. Karthik
Versus
State of Tamil Nadu, rep.by its Secretary to Government, Municipal Administration and
Water Supply Department, Fort St. George, Chennai & Another
Writ Petition No.20081 of 2007
Decided on: 04-06-2012
For the Petitioner:Naveenkumar Murthy for R. Santhanam, Advocates.
For the Respondents:R1 -P.S. Sivashanmugasundaram, Special Government Pleader, R2 - Ms. Karthikaa Ashok, Advocate.
The main legal point established in the judgment is the liability of the Corporation under Section 259 of the Chennai City Municipal Corporation Act, 1919 for the removal of dangerous trees and the determination of just compensation in cases of negligence resulting in fatalities.
Headnote:
Compensation - Negligence - Chennai City Municipal Corporation Act, 1919, Section 259 - The court found the Corporation liable for the death of the petitioner's parents due to the fall of a tree on their car. The court applied Section 259 of the Chennai City Municipal Corporation Act, 1919, which mandates the Corporation to remove dangerous trees for public safety. The court emphasized the Corporation's failure to perform its statutory duty and held it responsible for the deaths. The court ordered the Corporation to pay compensation of Rs.29.26 lakhs, including interest, to the petitioner.
Fact of the Case:
The petitioner's parents died due to the fall of a tree on their car. The petitioner sought compensation from the Corporation for the negligence of its officials in not removing the dangerous tree, which resulted in the fatal accident.
Finding of the Court:
The court found the Corporation liable for the deaths of the petitioner's parents due to negligence in not removing the dangerous tree. The court ordered the Corporation to pay compensation of Rs.29.26 lakhs, including interest, to the petitioner.
Issues: The main issue was whether the Corporation was responsible for the deaths of the petitioner's parents due to the fall of the tree and if the petitioner was entitled to compensation.
Ratio Decidendi: The court applied Section 259 of the Chennai City Municipal Corporation Act, 1919, which mandates the Corporation to remove dangerous trees for public safety. The court emphasized the Corporation's failure to perform its statutory duty and held it responsible for the deaths. The court also cited legal precedents and principles related to the determination of compensation in cases of this nature.
Final Decision: The court ordered the Corporation to pay a sum of Rs.29.26 lakhs, including interest, to the petitioner within a period of four weeks from the date of receipt of the order.
1. The prayer in the writ petition is to issue a writ of mandamus directing the second respondent to pay a sum of Rs.15,00,000/-as compensation for the death of father of the petitioner C. Krishnamurthy and a sum of Rs.7,00,000/-as compensation for the death of mother of the petitioner K.Chitra and to pass further suitable orders on the facts and circumstances of the case.
2. The brief facts necessary for disposal of this writ petition are as follows:
(a) The petitioner, while he was a minor, at the age of 14 years, lost his father and mother on 12.10.2005 due to sudden fall of an old big tree on the Maruthi Car, in which they were travelling near Dr.Alagappa Road at Purasawalkam, Chennai. The car was crushed, which resulted in instant killing of petitioner's parents. The fatal accident and the consequential death of the parents would not have taken place if the officials of the second respondent had exercised proper care and caution and taken precautionary measures to cut and remove the old trees standing on both sides of the road.
(b) Petitioner's father passed Master Degree in Urban Engineering in the year 1994 with distinction and he was doing Ph.D research work in Anna University. At the time of his death, he was working as Assistant Director at the office of the Director, Highways Research Station, Chennai-32, and was getting a salary of Rs.18,526/- per month. Petitioner's mother passed M.A., B.Ed. and M.Phil degrees and served as a teacher in P.M.R.Higher Secondary School, Mugappair, Chennai, and was earning a sum of Rs.2,500/- per month at the time of her death.
(c) Petitioner, along with his parents was residing at Door No.1163, 41st Block, Jeevan Bhima Nagar, Anna Nagar West Extension, Chennai-600101, and at the time of accident and death of his parents he was studying in 8th Standard in D.A.V. Senior Secondary School, Mugappair, Chennai, and he being the only son, he received best parental care and attention including quality of education.
(d) The said accident/untimely death occurred on 12.10.2005 when the parents of the petitioner went to Madhar Sha Textile Show Room at Purasawalkam for purchasing clothes and after purchase, they were returning to their home. Petitioner's father was driving the car slowly and cautiously and his mother was seated next to him in the front seat. Petitioner was seated in the back seat of the car. At about 6.30 p.m. when the car approached the Mutt Street in Dr.Alagappa road, a big old tree standing on the left side of the road fell on the car, instantly crushed the car and thereby killed the parents of the petitioner who were sitting in the front seats of the car. As the petitioner was sitting in the back seat, he escaped with injuries.
(e) G3 Kilpauk Police, Chennai-10 registered FIR for the said incident in Cr.No.969 of 2005 under section 174 Cr.P.C. According to the petitioner, at the time of accident petitioner's mother was wearing 15 sovereigns of gold ornaments and the same were also taken away by unknown miscreants.
(f) It is the specific case of the petitioner that the tree, which fell on the car was very old and was standing in a very precarious condition and could not withstand rain and wind and was uprooted from the earth which was not taken care of by the officials of the second respondent and many of the residents of the locality including one Poongavanam, Son of Renganathan, a resident of Purasawalkam made complaints and even thereafter no action was taken to remove the said tree. The said fatal accident had occurred due to the negligence and careless attitude of the officials of the second respondent Corporation.
(g) It is also stated in the affidavit that only after the said fatal accident, which was reported in almost all the newspapers and TV channels on 12.10.2005, the officials of the Corporation of Chennai during the last week of October, 2005 found that there were 877 trees which stood in precarious condition might fall at any time and decided t
