UNION OF INDIA Vs. M RAVI & ANOTHER

JUDGEMENT

(1.) This Second Appeal is preferred against the judgment and Decree, dated 2.2.2001 in A.S. No. 20 of 2000, passed by the v. Additional Judge, City Civil Court, Chennai confirming the judgment and decree, dated 31.8.1999 in O.S. No. 13019 of 1996, passed by the III Assistant Judge, City Civil Court, Chennai. The Defendant is the Appellant.

(2.) The Respondents/Plaintiffs filed the Suit seeking for judgment and Decree directing the Appellant/Defendant to pay compensation of Rs. 2,50,000/-(Rupees two lakhs and fifty thousand only) for the death of their family members, namely, Baby Revathy; Baby K. Bhavani and Miss. M. Ranjani; due to the compound wall collapse on 31.10.1990.

(3.) The case of the Plaintiffs is that they were living in a hut at No. 9, Begum Sahib Street, Third Lane, Pukki's Garden, Thousand Lights, Madras-6 and city of Madras experienced heavy rains from 26.10.1990 to 31.10.1990 and due to the rain, 40 meter long rear compound wall of the office of the Respondent collapsed and fell in a row of huts abutting it around noon on 31.10.1990 and due to the wall collapse, the minor daughters of the first Plaintiff, namely, Baby Revathy, aged about 6 years, Baby Bhavani, aged about 4 years, died on 31.10.1990 itself and the Second Plaintiff's daughter Miss M. Ranjini, aged about 18 years, also died due to said wall collapse. It is further stated in the Plaint that due to utter callousness on the part of the Defendant in leaving the compound wall so weak and unprotected, it has collapsed and the death of the family members of the Plaintiffs was only due to the negligence on the part of the Defendant in not maintaining its property with proper care. The Plaintiffs have further stated that they sent letter dated 25.2.1991, followed by Advocate notice dated 18.5.1991 to the Defendant, calling upon them to pay suitable compensation, but no reply was received and hence, the Suit.