The Madras High Court bench here has directed the City Municipal Corporation Commissioner here to pay a compensation of Rs.3.5 lakh to a family who lost their nine-year-old boy due to its negligence.
Justice T S Sivagnanam, disposing a petition filed by the boy's father G Premnath, said "it is a fit case to issue direction to pay Rs 3.5 lakh compensation"
The petitioner's son Gowtham slipped into the Panaiyur channel and died while playing on May 10 this year.
R Gandhi, counsel for the petitioner submitted that the channel came under the control of the Corporation which was duty-bound to take care of the channel, but it failed to maintain it.
The petitioner had on May 17 sent a representation to the state's municipal administration, water supply secretary and corporation commissioner to take steps to prevent such incidents, but no action was taken so far. Hence, he wanted the court to give a direction to the corporation commissioner to give Rs 10 lakh compensation to his family.
The judge said the corporation had neither disputed the existence of the channel nor the cause of death of the child. It had not disputed the allegation of poor maintenance either. It failed to construct a wall to ensure that the channel did not become a death hole.
The High Court could exercise its writ jurisdiction to order payment of compensation in such cases, the judge said.
