STATE OF TAMIL NADU Vs. S JAYALAKSHMI

JUDGEMENT

(1.) AGGRIEVED by the order of the learned single Judge dated 25. 07. 2003 made in W. P. No. 12274 of 1995 granting compensation of Rs. 2 lakhs in favour of the writ petitioner for the death of her husband Murugesan, the government of Tamil Nadu and Police Department have filed the above writ appeal.

(2.) THE learned Government Advocate appearing for the appellants submitted that inasmuch as the deceased had stomach pain even before his arrest and he was suffering from illness for several months, his death cannot be attributed only to the negligence on the part of the Jail officials and accordingly, the order of the learned single Judge granting compensation is not sustainable.

(3.) THE third respondent has filed a separate counter affidavit reiterating his stand.