LAWS(MAD)-2016-11-96

THE COMMISSIONER, CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE CHENNAI

Decided On November 17, 2016
The Commissioner, Corporation Of Chennai Rippon Buildings Chennai Appellant
V/S
The State Of Tamil Nadu Rep. By Its Secretary To Government Municipal Administration And Water Supply Department Fort St. George Chennai Respondents

JUDGEMENT

(1.) - In W.P. No. 20081 of 2007, the second respondent has prayed for a writ of mandamus directing the appellant herein, to pay a sum of Rs.15,00,000.00 as compensation for the death of the father of the petitioner, Mr. C. Krishnamurthy and a sum of Rs.7,00,000.00 as compensation for the death of the mother of the petitioner, Mrs. K. Chitra.

(2.) Challenge in this writ appeal is to an order dated 04.06.2012 made in W.P. No. 20081 of 2007, by which, the writ court, directed the appellant to pay a sum of Rs. 29.26 Lakhs (Rs. 22 lakhs compensation and Rs. 7.26 lakhs towards interest), to the second respondent, for the death of his parents, who met with a fatal accident on 12.10.2005.

(3.) Facts leading to the appeal are that the second respondent/petitioner, a minor, aged about 14 years, lost his parents on 12.10.2005, due to sudden fall of a tree on the Maruti Car, in which they were traveling, near Dr. Alagappa Road, Purasawalkam, Chennai. In the said accident, the car was crushed, which resulted in instant killing of his parents. The fatal accident and the consequential death of his parents would not have taken place, had the officials of the appellant Corporation exercised proper care and caution and taken precautionary measures, to cut and remove, old and dangerous trees standing, on both sides of the road.