S.MANIKUMAR, J.

In W.P.No.20081 of 2007, the second respondent has prayed for a writ of mandamus directing the appellant herein, to pay a sum of Rs.15,00,000/- as compensation for the death of the father of the petitioner, Mr.C.Krishnamurthy and a sum of Rs.7,00,000/- as compensation for the death of the mother of the petitioner, Mrs. K. Chitra.

2. Challenge in this writ appeal is to an order dated 04.06.2012 made in W.P.No.20081 of 2007, by which, the writ court, directed the appellant to pay a sum of Rs.29.26 Lakhs (Rs.22 lakhs compensation and Rs.7.26 lakhs towards interest), to the second respondent, for the death of his parents, who met with a fatal accident on 12.10.2005.

3. Facts leading to the appeal are that the second respondent/petitioner, a minor, aged about 14 years, lost his parents on 12.10.2005, due to sudden fall of a tree on the Maruti Car, in which they were travelling, near Dr. Alagappa Road, Purasawalkam, Chennai. In the said accident, the car was crushed, which resulted in instant killing of his parents. The fatal accident and the consequential death of his parents would not have taken place, had the officials of the appellant Corporation exercised proper care and caution and taken precautionary measures, to cut and remove, old and dangerous trees standing, on both sides of the road.

4. Before the Writ Court, it is the contention of the second respondent/petitioner that at the time of accident, his father was a Masters Degree holder in Urban Engineering, with distinction, and was pursuing Ph.D in Anna University. He was working as Assistant Director, in the office of the Director, Highways Research Station, Chennai-32, and drawing a salary of Rs.18,526/- per month. His mother with M.A., B.Ed. and M.Phil degree, was a teacher in P.M.R.Higher Secondary School, Mugappair, Chennai, and earned a sum of Rs.2,500/- per month.

5. The Second respondent/petitioner submitted that, on 12.10.2005, when they were returning to home, after purchase, from Madharsha Textile Show Room, the car was driven slowly and cautiously, his mother was seated, in the front seat, the second respondent/writ petitioner was seated in the back seat of the car. About 6.30 p.m. when the car approached, Mutt Street, Dr.Alagappa road, a big tree standing on the left side of the road, fell on the car, crushed the car and caused the death of his parents. As the second respondent/petitioner was sitting in the back seat, he escaped with grievous injuries.

6. It is the further contention of the second respondent that for the above said accident Inspector of Police, G3 Kilpauk Police, Chennai-10, registered an FIR, in Cr.No.969 of 2005, under section 174 Cr.P.C. According to the second respondent/petitioner, at the time of accident, his mother was wearing 15 sovereigns of gold ornaments and that the same were taken away by unknown miscreants. It is his further case that the tree, which fell on the car was very old and leaning towards the road and could not withstand, rain and wind and was uprooted from earth. Many residents of the locality including one Poongavanam, Son of Renganathan, a resident of Purasawalkam had already made complaints, and even thereafter, no action was taken to remove the said tree. According to the second respondent, the said fatal accident occurred soley due to the negligence and careless attitude of the officials of the Corporation, the appellant herein.

7. It is also his case that after the said fatal accident, was reported in almost all the newspapers and TV channels on 12.10.2005, officials of the Corporation of Chennai during the last week of October, 2005, found that there were 877 trees, which stood in such dangerous condition, which might fall, at any time, and decided to cut and remove them. The said decision of the appellant Corporation taken in the last week of October, 2005, was also reported in newspape