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“Aren’t You Ashamed? ₹10 Lakhs For Death Due To Illicit Liquor, No Money If A Child Dies?”, Madras HC Slams TN Govt For Appealing Against Compensation For Child Who Died At Sri Lankan Refugee Camp Due To Wall Collapse

On 21 August 2024, the Madurai bench of the Madras High Court fined the Tamil Nadu government ₹50,000 for appealing a prior court decision regarding compensation for a child victim who died after a wall collapsed on her at a Sri Lankan refugee camp. The court criticized the government’s attempt to avoid responsibility and compensation during the case. The bench reminded how they were quick to support illicit liquor victims with large sums.

Athipathi, the petitioner and father of Saranya, an 11-year-old who died when a wall collapsed at a Sri Lankan refugee camp in Tiruvathavur, Melur taluk, Madurai district, after heavy rain on 12 May 2014. He had requested ₹10 lakh in compensation from the government.

The government claimed that Saranya’s death resulted from the collapse of asbestos roofing installed by the petitioner. However, Village Administrative Officer records indicated that her death was due to injuries from the collapse of a side wall.

Justice GR Swaminathan stated that since the government was responsible for housing the petitioner’s family and others at the camp, it was duty-bound to ensure their safety.

Court Slams TN Government

The court dismissed the government’s attempt to avoid liability by citing an “act of God,” noting that the collapse was due to the wall’s poor construction. The State was, therefore, ordered to pay ₹5 lakh in compensation, accepting full responsibility.

The division bench consisting of Justice R. Subramanian and Justice Victoria Gowri, after hearing the case, dismissed the appeal and slammed the government, stating that it should be ashamed for filing such an appeal.

The petition came up for hearing today before a bench comprising Justices R Subramanian and Victoria Gowri. During the trial, the justices questioned the state government how it had funds to pay ₹10 lakh to those who died after drinking illicit liquor in Kallakurichi. But when it came to a child who died after the wall collapsed, the government appealed that they were unable to provide adequate funds.

The court said, “Isn’t this embarrassing for the government? How did you appeal this case?”

The judges dismissed the government’s petition and issued an order dismissing it, imposing a fine of ₹50,000 on the officer who filed the appeal.

(With inputs from DTNext)

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