C CHINNATHAMBI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This judgment shall dispose of two petitions namely 4574 and 4575 of 1995. The first petition is filed by one Chinnathambi while the second petition is filed by Srinivasan. Both petitioners are the parents of one Palaniammal and Nandakumar respectively. These two innocent children aged 11 years were the students of 6th class in a Government Higher Secondary School, Kaveripattinam. In that school, the parent teachers association had constructed a water tank for the usage of the students and the teachers. On the fateful day while these children were washing their utensils in the recess the said water tank broke and fell down on the two innocent children crushing them to death. The Government has sanctioned Rs. 5000/- to each of them by way of ex gratia payment.

(2.) The petitioners now come up before this Court saying that the Government had tortious liability and since the accident took place during the school time, the Government was liable to compensate the parents for the life of their children and this compensation of Rs. 5,000/- is meagre and not at all commensurate to the damage and injury suffered by the parents.

(3.) It is an admitted case that each of them claimed Rs. 1,50,000/- on account of the death. In their affidavit it has been pointed out that it is similar case in the matter of death of one Gunasekaran who died at the age of six years on 1-3-1989 while he was returning home by falling into the drain inside Lloyds Colony. The Supreme Court directed the payment of compensation of Rs. 50,000/- with interest at 12% p.a. from January, 1990 till the date of payment.