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2021 Supreme(Mad) 3195

N.KIRUBAKARAN, T.V.THAMILSELVI
A. Saraswathy – Appellant
Versus
Secretary to Government, Government of Tamil Nadu, Municipal Administration & Water Supply Department, Fort St. George, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.M. Purushothaman
For the Respondent:Mr. S. Kamalesh Kannan, Govt. Advocate, Mr. B. Anand for Mr. A.S. Thambusamy, Mr. Bala Ramesh

ORDER :

N. KIRUBAKARAN, J.

The matter is heard through videoconferencing.

2. Without rain, there cannot be life in the world. However, rain is the cause for taking away a precious life in this case.

3. On the fateful night, i.e., on 12.05.2018, as there was heavy rain, the petitioner's husband, one Mr. Ashok Kumar, a mason, aged about 41 years, took cover under the sunshade of a toilet building in Palladam Bus Stand maintained by the 7th respondent Palladam Municipality. Due to heavy downpour, the roof of the toilet collapsed crushing the petitioner's husband to death and injuring another person, by name, Venkatesan. In this regard, an FIR was registered on 13.05.2018 in Cr.No. 498/2018 on the file of Palladam Police Station. Contending that because of negligence on the part of the 7th respondent in maintaining the toilet building, the building had collapsed, taking away the life of the petitioner's husband. Therefore, the petitioner has claimed compensation of Rs.50 lakhs.

4. A counter affidavit has been filed by the 7th respondent admitting the accident, however, contending that

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