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2014 Supreme(Mad) 525

High Court of Judicature at Madras
V. RAMASUBRAMANIAN, J.
D. Narayanasamy
Versus
The District Collector, Tiruvarur & Others
Writ Petition No. 61 of 2009 & M.P. Nos. 2, 3 of 2009
Decided On : 28-02-2014

Advocates Appeared:
For the Petitioner:P. Vijendran, Advocate.
For the Respondents:R1 to R3, R. Ravichandran, Additional Government Pleader, R4, K. Shanmuga Kani, Advocate.

Headnote:(a). Serious injuries were caused to Petitioner’s son due to explosion of a pumping machine while it was being installed by the 4th Respondent/ONGC – a huge sum was asked for after a specific sum was directed by the District Collector, as the treatment had to be continued – in the Writ petition seeking joint payment by the Respondents, the question before the court was whether the accident was caused by negligence of either or the Respondents or by contributory negligence of the Petitioner’s son – it was held that sufficient care and precaution was not taken by the Educational Authorities/1st to 3rd Respondent as no fencing, or warning sign was found on the site and thus the minor cannot be held liable for contributory negligence – the Petition was allowed.

        (b). The question before the Court was whether the injured/Petitioner’s son was entitled to and if yes what quantum of compensation – it was held by the Court, considering the grave nature of injuries caused and the medical report reflecting permanent total disablement, that the decided amount was to be multiplied by 16 – the injured shall not be able to seek job and always need someone’s assistance for basic body functions – further held that the major negligence caused was by the 4th Respondent and the initial negligence by Respondents 1 to 3 and thus they were liable for joint payment of compensation, 1/4th by Respondents 1 to 3 and 3/4th by the 4th Respondent.

Judgment

1. The petitioner is the father of a minor boy by name N. Jayaprakesh. When the petitioner's son was studying 12th Standard during the academic year 2008-2009, in the Government Higher Secondary School, Pulivalam, Tiruvarur District, he was taken by the N.S.S. Programmer of his school to a camp organised by N.S.S., at a village by name Perungudi. The camp was scheduled to be held for a period of 10 days from 17.12.2008 till 26.12.2008.

2. Unfortunately, the petitioner's son was seriously injured, when a pumping machine installed by the Oil Natural and Gas Commission, which is the fourth respondent herein, exploded. The petitioner's son was first treated at a local hospital and was later shifted to a private hospital at Thanjavur. On the recommendation of the District Collector, the Oil Natural and Gas Commission released a sum of Rs.50,000/- for the treatment of the petitioner's son at the private hospital. But, the private hospital demanded a huge amount for continuing the treatment. At that stage, the petitioner came up with the above writ petition, praying for the issue of a Writ of Mandamus to direct the respondents jointly to pay a sum of Rs.10 lakhs as compensation. Pending disposal of the writ petition, the petitioner also sought an interim direction to the fourth respondent to pay a sum of Rs.2 lakhs, to enable the petitioner's son to continue to receive treatment at the private hospital.

3. On 6.1.2009, the writ petition came up for orders as to admission. At that time, this Court directed the learned counsel for the petitioner to serve notices on the Standing Counsel for the fourth respondent and also to take private notice to all other respondents, returnable by 12.1.2009.

4. Thereafter, the miscellaneous petition for interim direction came up for hearing on 10.2.2009. After hearing the learned counsel appearing for all the parties, I passed an order, directing the first and the fourth respondents to ensure continued medical treatment of the petitioner's son in the private hospital where he was then receiving treatment. I directed the expenses for the treatment to be shared equally between the respondents 1 to 3 on the one hand and the fourth respondent on the other hand. This order was necessitated on account of the fact that the scrotum, perineum and inguinal region of the petitioner's son had been severely damaged and any laxity in administering treatment, would have resulted in the death of the petitioner's son. Fortunately, the respondents 1 and 4 co-operated and the petitioner's son received treatment upto 11.4.2009 and was later discharged.

5. Thereafter, the respondents filed their counter affidavits and the main writ petition was taken up for hearing.

6. I have heard Mr. P. Vijendran, learned counsel for the petitioner, Mr. R. Ravichandran, learned Additional Government Pleader for respondents 1 to 3 and Mr. K. Shanmuga Kani, learned counsel for the fourth respondent.

7. The case of the petitioner, as seen from the affidavit in support of the writ petition is that his son, a meritorious student, who had secured 381 marks out of 500 in the 10th Standard, was studying 12th Standard during the academic year 2008-2009. The petitioner is an agricultural daily wage earner and he belongs to the Scheduled Caste. Therefore, naturally, the petitioner's entire life revolved around the dream prospect of his son getting educated higher and bringing the family out of poverty and social backwardness.

8. The petitioner's son was a member of the National Service Scheme (N.S.S.). It appears that the N.S.S. Programme Officer of the third respondent-school where the petitioner's son was studying, organised a camp for 10 days from 17.12.2008 to 26.12.2008 at a village by name Perungudi. As a volunteer of the N.S.S., the petitioner's son participated in the camp.

9. According to the petitioner, his son went out, after breakfast on 19.12.2008 to attend to the nature's call. At that time, the S.R.P. Pumping Motor located 17 meters





































































































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