Firecracker Explosion: Madras High Court Grants 5 Lakh Compensation To 12-Yr-Old Victim, Takes Note Of Frequent 'Accidents'

The Madras High Court (Madurai Bench) last week granted 5 lakh compensation to the family of a 12-year-old boy, who sustained grievous injuries due to the explosion of firecrackers that were illegally strewn in and around the place he was playing.

Noting that the boy was almost half dead and he was lying in a vegetative state, the bench of Justice N. Anand Venkatesh granted his mother, a coolie by profession, 5 lakh compensation out of Chief Minister Relief Fund.

Significantly, the Court took judicial notice of the fact that frequent accidents due to explosions from illegal firecracker units take place at Virudhunagar District.

"On all such occasions, the Government pays some compensation for the deceased as well as the injured. This Court is not clear as to whether such cases involving illegal firecrackers are ultimately taken to its logical end. There is always an excitement when such incidents happen and ultimately, everybody forgets about it till the next incident takes place," observed the Court.

The Court also lamented that every time a huge fire accident takes place in an illegal firecracker unit, compensation is paid to the deceased and injured, and thereafter, everybody forgets it.

Granting her compensation, the Court also observed that his mother (petitioner) was very poor and that it would not be possible to get it medically treated unless the Government comes to her rescue.  This payment shall be made within a period of six weeks.

However, the Court did clarify that the order wouldn't be taken as a precedent in all other cases.

Earlier, the mother of the injured boy had knocked at the doors of the High Court seeking compensation. Taking note of the medical records, the Court had observed that the petitioner's son had sustained more than 50% burn injuries.

In 2019, the Tahsildar recommended a grant of compensation from the Chief Minister's Relief Fund, however, the Chief Secretary, Chief Minister Special Cell had decided that compensation couldn't be paid from the Fund as the case was out of the purview of the fund.

The Court, however, ordered payment of Rs 5 lakh as compensation from the Chief Minister's fund.

Lastly, the Court also clarified that under normal circumstances, such case seeking compensation must be ordinarily filed only before a Civil Court, however, the Court added that there are cases where this Court can exercise its jurisdiction under Article 226 of the Constitution of India and grant compensation, where this Court need not undertake the process of appreciation of evidence in order to decide the payment of compensation.

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