Holding that "complete intelligence" failure on the part of police had led to the death of a man during anti-Lanka protests in Tamil Nadu in 2009, Madras High Court today upheld a single judge's order granting Rs 10 lakh compensation to the victim's parents.
"A close scrutiny of the materials on record shows that there was complete intelligence failure...For this, undoubtedly
the state is absolutely liable to the petitioners," a division bench comprising Justice N Paul Vasanthakumar and Justice P Devadoss ordered, dismissing an appeal by the Tamil Nadu government against the compensation awarded by a single judge.
The single judge had allowed a petition seeking compensation by the parents of Irulaiya, killed on May 23, 2009 when miscreants protesting the death of LTTE supremo V Prabhakaran pelted petrol bombs at a government bus in Sivaganga district.
Dismissing the appeal by the state Home Secretary, the bench said had proper intelligence been gathered and precautionary steps taken, especially when there was charged atmosphere in the state after the killing of Prabhakaran in May, 2009, this unfortunate incident would not have occurred and the petitioners would not have lost their only son.
They said Ganesan and Nagammal had to be compensated for the untimely demise of their son due to the negligence of the police and directed the government to settle the compensation within four weeks with eight per cent interest from May 23, 2009.
Regarding the calculation of the compensation, the judges agreed with the single judge's formula and said the victim, a daily wage earner would have earned Rs 7,500 a month.
