The Hindu        05.06.2012

Chennai Corporation told to pay 22 lakh in compensation

The Madras High Court on Monday ordered the city Corporation to pay compensation of Rs.22 lakh to a young man whose parents were killed when a tree fell on their car in which they were travelling near Dr Alagappa Road at Purasawalkam here in 2005. The Court also directed payment of Rs 7.26 lakh as interest.

The petitioner, K. Karthik, was 14 years old when on October 12, 2005, when an old tree fell on the car amidst heavy rain, killing his father C. Krishnamurthy, an assistant director in the Highways Research Station, and mother K Chitra, a schoolteacher.

Holding the Corporation authorities accountable for negligence, Justice N. Paul Vasanthakumar said having failed to remove dangerous trees and allowing two precious lives to be lost, the Corporation officials could not plead that their death was due to ‘act of God'. “The Corporation is liable to pay compensation for the loss sustained by the petitioner for the death of his parents on the basis of vicarious liability.”

K. Karthik,filed the petition for a direction to the Corporation to pay compensation for the loss of his parents.

He contended that the tree was very old and was standing in a precarious condition and could not withstand rain and wind. Officials had not taken steps to remove the tree despite complaints from local residents. The fatal accident had occurred due to the negligence and careless attitude of the officials of corporation.

The Corporation contended that it could not pay compensation as the fall of the tree on that fateful day was an act of God.

Rejecting the contention, Mr Justice Paul Vasanthakumar said if an enumeration had been made prior to the accident, the dangerous tree could have been cut and removed.