The Madras high court on Monday directed the Chennai corporation to pay Rs 29.26 lakh as compensation to a youth for the death of his parents as a tree fell on their car while travelling on a public road in Purasawalkam in 2005.
Justice N. Paul Vasanthakumar allowed the petition filed by K. Karthik, seeking compensation for the death of his father C. Krishnamoorthy, assistant director at the office of the Director, Highways Research Station, and mother K. Chithra, a school teacher.
According to the petitioner, while travelling in a Maruti car, an old big tree fell on the car on Alagappa Road at Purasawalkam on October 12, 2005, causing the instant death of his father and mother. The petitioner aged about 14 years escaped with minor injuries.
The fatal accident would not have taken place if the Chennai corporation had exercised proper care and caution and taken precautionary measures to cut and remove the old trees standing on both sides of the road, he added.
The judge said it was not in dispute that the petitioner’s father and mother died due to the falling of the tree. The postmortem report confirmed the nature of the death and an FIR was registered by the Kilpauk police.
An amount of Rs 50,000 each was sanctioned from the chief minister’s relief fund to kin of victims. If there was any dispute over the death, the chief minister’s relief fund could not have been sanctioned by the government.
It was well settled principle of law decided by the Supreme Court that if the facts were not in dispute, the legal heirs of the victims of riot, custodial killing or death due to negligence on the part of the state authorities can claim compensation. The trees standing on public streets vest with the corporation as per section 203 of the Chennai City Municipal Corporation Act.
As per Section 204, it was the duty of the corporation to maintain, repair and make all improvements, which were necessary for public safety and convenience. Hence, the corporation was responsible for not removing the dangerous trees for public safety.
The judge said during the corporation enumeration conducted immediately after the death of petitioner’s parents, it was found that 877 trees were to be cut and removed and 85 tress had fallen already including the one that fell on the car driven by petitioner’s father.
If the enumeration was conducted prior to the accident, the lives of the petitioner’s father and mother could have been saved.
Thus, there was negligence on the part of the officials of the corporation in not cutting and removing the dangerous trees and two precious lives were lost.
Therefore, the corporation was liable to pay compensation for the loss sustained by the petitioner on the basis of ‘vicarious liability’, the judge said and directed the corporation to pay Rs 29.26 lakh (Rs 22 lakh as compensation and Rs 7.26 lakh as interest).