HC hikes relief to kin of engg student killed in accident

(Cleared/Gopa)

Madurai: The Madurai bench of the Madras high court has enhanced the compensation awarded by a lower court in Theni by over a lakh of rupees to the family of an engineering student who was killed due to the negligence of the Theni Allinagaram municipality. The court has now asked the municipality to pay half of the enhanced amount of Rs 11.74 lakh instead of the Rs 10.56 lakh awarded as compensation by the lower court. Dismissing an appeal filed by the municipality, the court also set aside the 10 % negligence fee fixed on the deceased by the lower court.

The deceased, M Veerakumar, was returning home to Coonoor riding pillion on a bike with two other friends when they met with the accident on July 23,2012. The bike was moving along the Theni-Madurai main road when the motorcycle hit a heap of mud resulting in the accident. Veerakumar’s parents moved the court seeking compensation contending that the municipality which had been engaged in building underground drainage had blocked the road with a heap of mud without any signboard in place leading to the accident.

Considering the documents and the oral evidence, the lower court had held that rash and negligent riding of the biker and the reckless act of the municipality by obstructing the road with a heap of mud without signal marks had caused the accident. It awarded a compensation of Rs10.56 lakh to be paid by the municipality and the firm the bike was insured with.

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In their counter before the high court bench, the municipality’s counsel submitted that the riders of the two-wheeler were intoxicated. This was based on a submission by one of those who were on the bike. The municipality also contended that the Tamil Nadu Water Supply and Drainage (TWAD) board was carrying out the underground drainage works in contract with a private operator and that they were not liable to pay compensation.

The TWAD representative deposed before the court that excess mud was heaped on filled pits and the highway and police had not raised any issue over this and it was the contractor who was responsible for it. After going through the submissions, Justice J Nisha Banu held that no proper caution boards had been fixed at the work spot to alert the public and there was negligence on the part of the municipality. The judge also observed that the municipality’s contention that those on the bike were intoxicated was snatched from the mouth of one of them and that it could not be accepted as there was no other evidence available on record.

While upholding the decision by the lower court, Justice Nisha Banu modified the compensation by increasing the amount by over a lakh of rupees and directed the municipality to pay 50 % of it.