“Unpardonable, Inexcusable”: Madras HC Imposes ₹50K Cost On State For Appealing Against Compensation For Death Of Child In Sri Lankan Refugee Camp

Calling the state action “unpardonable and inexcusable”, the bench of Justice R Subramanian and Justice Victoria Gowri dismissed the appeal and imposed a cost of Rs. 50,000 on the state to be paid to the victim child's family within two weeks.

The court also remarked that when the state government could pay Rs. 10,00,000 as compensation to the dependants of persons who died by consuming illicit liquor, they should not have challenged the order to pay compensation of Rs. 5,00,000 for the child who died due to the collapse of a poorly constructed and poorly maintained wall.

“Admittedly, a child died when a poorly constructed and poorly maintained wall in the Srilankan Refugee camp at Thiruvadavur, Melur Taluk colapsed. The State Government which had paid Rs.10,00,000/- to dependents of persons who died by consuming illicit liquor, has filed this writ appeal objecting payment of Rs.5,00,000/- as compensation for the death of the child in a calamity. This action of the Government is unpardonable and inexcusable,” the court said.

During the appeal, the state government had argued that as per the Government Order, the compensation amount was fixed at Rs. 25,000 by the State government. The court, however, said that the GO could very well be ignored especially when the court was determining compensation for death due to the State's negligence.

“Reliance is placed upon a Government Order issued by the Government fixing Rs.25,000/- as compensation. The said Government Order in our considered opinion can very well be ignored by this Court while determining compensation for the deaths caused due to the negligence of the authorities. Hence, this writ appeal is dismissed with cost of Rs.50,000/-,” the court ordered.

Counsel for Appellants: Mr.S.P.Maharajan, Special Government Pleader

Counsel for Respondent: Mr.R.Alagumani

Citation: 2024 LiveLaw (Mad) 346

Case Title: The Principal Secretary v Athipathi

Case No: W.A(MD)No.1436 of 2024