TMT RAJESHWARI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed for a direction to the respondents herein to pay a sum of Rs.25,00,000.00 as compensation together with interest for the death of the petitioner's husband attributing negligence on all the respondents.

(2.) It is the case of the petitioner that the petitioner's husband who was aged about 74 years was an Auditor and they have two daughters. While being so, the fourth respondent, who is the Contractor of second respondent Corporation, was carrying out the excavation work to lay the 4th water scheme pipeline in the locality of Muthanampalayam area, Tiruppur District. During the course of said work, fourth respondent left out the excavation and concrete work with big iron rods in the Kovilvazhi Muthanampalayam Road, Tiruppur without warning signs or a board indicating the existence of a dangerous pit. There was no light exposing the pit nor the pit was illuminated to indicate its depth. When things stood as above, on 17/12/2022 at about 08.30 pm, when the petitioner's husband was returning to his home from his office in a two wheeler bearing Registration No.TN 42 K 9875, he fell down into the pit and got severely injured. It is further stated that the petitioner and her daughter on being informed about the accident, went to the spot and the petitioner's husband was immediately taken to the Government Hospital, Tiruppur, where the petitioner was informed that the petitioner's husband succumbed to the injuries. On the complaint lodged by the petitioner, an FIR in Cr.No.756 of 2022 was registered for offences under Ss. 279 and 304(A) of IPC and the investigation is still pending.

(3.) The fourth respondent is a Contractor and the work was awarded to the fourth respondent by the second respondent. Therefore, the petitioner submitted a representation seeking compensation to the tune of Rs.15,00,000.00 with accrued interest but the same was not considered by the respondents 2 and 4.