TAMIL NADU SLUM CLEARANCE BOARD Vs. LAKSHMI

JUDGEMENT

(1.) THE unsuccessful defendant in O.S.No.907 of 2001 on the file of the XVIII Assistant Judge, City Civil Court, Chennai, is the appellant.

(2.) THE respondent/ plaintiff filed a suit for damages for a sum of Rs.3, 00,000/- towards compensation. THE case of the respondent/ plaintiff was that the respondent was allotted the Tenement by the appellant Board on 31.3.1987 and the Tenement is in the 3rd Floor and the respondent/ plaintiff is occupying the building along with her husband and children. THE appellant did not provide any parapet wall despite the requests made by the occupants and on 12.11.1995 when the respondent's husband was taking water to his house at 3rd Floor he had fallen from the 3rd Floor as there was no parapet wall and died on the spot. THErefore, the respondent claimed compensation from the appellant and though the appellant promised to give compensation, they have not paid the compensation and the respondent/ plaintiff was given appointment on compassionate ground and that was also terminated later. THErefore, the suit was filed for compensation.

(3.) THE learned counsel for the appellant submitted that under Section 65 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, no Civil Court shall have jurisdiction in respect of any matter which the Government are, or the prescribed authority is empowered under the Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken in pursuance of any power conferred by or under this Act and submitted that as per Section 65 of the said Act, the suit is not maintainable. He further submitted that the compensation awarded is on the higher side and considering the income and age of the deceased and the fact that the respondent was given employment on compassionate ground, the Courts below ought to have awarded a lessor amount of compensation and the award of compensation of Rs.2,50,000/- is on the higher side.