G KRISHNAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) This writ petition has been filed by the parent of one K.Ramya, a girl aged about 12 years who expired on 25.6.95 on account of the accident caused by the bullock cart belonging to respondent No.2 – Corporation, which has been driven by an employee of the Corporation for the purpose of scavenging.

(3.) A counter affidavit has been filed in this writ petition. Since some factual disputes had been raised, after hearing the counsel for both parties, D.Murugesan,J. had called upon the parties to furnish a list of persons to be appointed as Arbitrator. Subsequently, the learned counsel for the respondent had submitted the name of Sri.N.P.K.Menon, a Retired District Judge and practising Advocate in this Court. The aforesaid name was accepted by the learned Judge and Sri.N.P.K.Menon was appointed as Arbitrator to submit his report on the following questions: Whether the petitioner is entitled to any compensation for the loss of life of his minor daughter due to the reckless driving on the part of the second respondent employee? 2.If so, to what amount of compensation the petitioner is entitled to ?