1992 JTR(SC) 23
1992 AIR(SC) 2069 ; 1992 AIR(SCW) 2435 ; 1992 2 AllCJ 809 ; 1992 19 AllLR 427 ; 1992 2 JT 16 ; 1992 PLJ 546 ; 1992 3 RCR(Cri) 482 ; 1992 1 Scale 427 ; 1992 2 SCC 223 ; 1992 SCC(Cri) 386 ; 1992 1 UJ 527
M.H. KANIA C.J.I. AND KULDIP SINGH, J.
Civil Appeal No. 122 of 1992, D/-14-1-1992.
Smt. Kumari, Appellant
Versus
State of T.N. and others, Respondents.
The State can be directed to pay compensation for death caused by negligence in writ jurisdiction, even if the specific negligent authority is not immediately identified, provided the State is granted the liberty to recover the amount from the responsible party.
Act
Referred
:CONSTITUTION OF INDIA
: Art.136, Art.226
(A) Constitution of India - Article 226 - Writ of Mandamus - Death of a child due to negligence - Open sewerage tank - Compensation - High Court dismissed petition on ground that specific negligent respondent could not be determined in writ jurisdiction - State directed to pay compensation with interest - State liberty to recover amount from the responsible authority. (Paras 2, 3)
Facts of the case:
A six-year-old child died after falling into a ten-foot-deep sewerage tank that was left open without a lid. A petition for a writ of mandamus was filed seeking compensation of Rs. 50,000. The High Court dismissed the petition, stating that it was not possible to determine which of the respondents was negligent within the scope of writ jurisdiction.
Findings of Court:
The State is directed to pay the sum of Rs. 50,000 with interest at 12% per annum from the specified date. The State is permitted to initiate proceedings to recover the amount from the authority actually responsible for the negligence.
Issues: Whether the High Court was justified in dismissing the writ petition for compensation on the grounds that the specific negligent respondent could not be identified in writ jurisdiction.
Ratio Decidendi: The court held that the State should be held liable to pay compensation for the death caused by the open sewerage tank, while granting the State the right to recover the amount from the specific responsible authority through appropriate legal proceedings.
Result: Appeal allowed.
Facts of the case:
A six-year-old child died after falling into a ten-foot-deep sewerage tank that was left open without a lid. A petition for a writ of mandamus was filed seeking compensation of Rs. 50,000. The High Court dismissed the petition, stating that it was not possible to determine which of the respondents was negligent within the scope of writ jurisdiction.
Findings of Court:
The State is directed to pay the sum of Rs. 50,000 with interest at 12% per annum from the specified date. The State is permitted to initiate proceedings to recover the amount from the authority actually responsible for the negligence.
Issues: Whether the High Court was justified in dismissing the writ petition for compensation on the grounds that the specific negligent respondent could not be identified in writ jurisdiction.
Ratio Decidendi: The court held that the State should be held liable to pay compensation for the death caused by the open sewerage tank, while granting the State the right to recover the amount from the specific responsible authority through appropriate legal proceedings.
Result: Appeal allowed.
JUDGMENT:- Special leave granted.
2. Six years old son of the appellant died. as a result of falling in a ten feet deep sewerage tank in the city of Madras. The tank was not covered with a lid and was left open. The appellant filed a petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ in the nature of mandamus directing the respondents to pay Rs. 50,000/- as compensation to the appellant. The High Court dismissed the writ petition on the ground that in writ jurisdiction it was not possible to determine as to which of the respondents was negligent in leaving the sewerage tank uncovered.
3. In the facts and circumstances of this case we set aside the High Court judgment and direct that respondent No. 1, the State of Tamil Nadu shall pay to the appellant a sum of Rs. 50,000/-(Rupees fifty thousand) with interest at 12% per annum from January 1, 1990 till the date of payment. The amount shall be paid within six weeks from today. It will be open to the State of Tamil Nadu to take appropriate proceedings to claim the said amount or any part thereof from any of the respondents or any other authority which might be responsible for keeping the sewerage tank open. The claim, if made, will be decided in accordance with law. The appeal is allowed in the above terms. There will be no order as to costs.
Appeal allowed.