Madras HC Orders 25 Lakh Compensation For Man's Death By Electrocution At Temple Medical Camp, Says Govt Bound To Arrange For Pilgrims Well Being

Justice GR Swaminathan of the Madurai bench noted that the municipality could not remain content with the collection of license fee and tolls and that it is duty bound to make arrangements for the pilgrims without fear of violation of secularism.

“The statutory scheme set out in the Tamil Nadu District Municipalities Act, 1920 casts obligation on the part of the local body to make appropriate arrangements for the well-being of the devotees. The Municipality cannot remain content with collection of license fees and tolls. … It is the bounden duty of the government to make proper arrangement to provide shelter places, for maintenance of law and order and to sanction the amount without fear of violation of the concept of secularism,” the court said.

The petitioner informed the court that his son, Angappan @ Vignesh had went to Thiruvannamalai along with his friends to circumambulate the hill of Arunachala (Girivalam) when a hoarding installed on the road side fell on his head. He submitted that when Vignesh was rushed to a medical camp organised by the temple, there was an electricity leakage because of which, Vignesh suffered electrocution and died.

The court noted that though the fall of the hoarding could not be considered as a proximate cause for the death, the local body had to ensure that the hoardings are installed properly.

“Of course, the fall of the hoarding cannot be considered as a proximate cause for the petitioner's son's death. However, it is the duty of the local body to ensure that the hoardings are installed properly. I take judicial notice of the fact that quite a few fatalities have occurred on account of the unsafe installation of hoardings in Tamil Nadu,” the court observed.

Further, considering that the temple was a renowned pilgrim centre attracting lakhs of devotees, the authorities were duty bound to make arrangements for the well-being of the devotees. Thus, holding that the District Administration and the local body were responsible for ensuring the safety of the pilgrims and devotees, the court directed the authorities to pay compensation.

With respect to the amount of compensation, the court took note of the academic history of the victim and noticing that he had a very bright future, the court ordered that the petitioner was entitled to compensation of Rs. 25 Lakh within a period of four weeks.

Counsel for the Petitioner: Mr.T.Selvakumaran

Counsel for the Respondent: Mr.S.Shanmugavel Additional Government Pleader, Mr.R.R.Kannan, Mr.S.Dheenadhayalan

Citation: 2023 LiveLaw (Mad) 289

Case Title: Swamiji v The Chief Secretary and Others

Case No: W.P(MD)No.16269 of 2014

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