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Madras High CourtWA(MD)/823/2024disposed of

The Principal Secretary v. M.Jeya

2026-01-07Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:07.01.2026

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN WA(MD)No.823 of 2024 and C.M.P(MD)Nos.6104 of 2024 and 16736 of 2025 1.The Principal Secretary, Home Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Principal Secretary, Public Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.The Director General of Police, Director General of Police Office Mylapore, Dr.Radhakrishnan Salai, Chennai-600 004.

4.The Additional Director General of Police, No.220, Pantheon Road, Egmore,

5.The Commissioner of Police, Commissioner of Police Office, Madurai City, Madurai-625 001.

6.The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai-625 001 7.The District Collector, Collector Office, Madurai-625 020.

8.The Tahsildar Office, South Taluk Office, Madurai District.

9.The Superintendent of Police(South Zone) No.220, Pantheon Road, Egmore, 10.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D) No.7, Kamarajar First Street, Chinna Chokkikulam, Madurai-625 002.

... Appellants/Respondents Vs.

M.Jeya

...Respondent/Petitioner

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 18.08.2023 passed in W.P(MD)No.5259 of 2021 on the file of this Court.

For A1, A2, A7&A8: Mr.Veera Kathiravan, Additional Advocate General, assisted by Mr.S.R.A.Ramachandran, AGP, For A3 to A6,A9&A10:Mr.K.Gnanasekaran, Govt., Advocate (Crl.side) For Respondent : Mr.R.Karunanithi *****

JUDGMENT

(Judgment of the Court was delivered by DR.G.JAYACHANDRAN,J.) The appeal is by the State being aggrieved on a short point for the compensation given to the mother of the deceased based on the Principle laid down by the National Insurance Company Limited Vs. Pranay Sethi and Others, reported in 2017(2) TN MAC 609(SC), for the custodial death of the writ petitioner's son, is on the higher side and not applying proper multiplier.

2.The learned Additional Advocate General submitted that the compensation of Rs.25,00,000/- had been fixed by the learned single Judge, even though the compensation calculated applying Pranay Sethi case, is only Rs.22,98,000/-. He further submitted that the multiplier '18' applied by the learned single Judge is erroneous, since the age of the deceased was only 17 years on the date of the accident.

3.This Court is of the view that while paying compensation in the case of a custodial death, we cannot be very strict in applying the formula and though the learned Single Judge has erroneously applied the multiplier '18' instead of '16', we do not want to interfere with the compensation awarded, except to say that even according to the formula adopted by the learned single Judge, the compensation will be only Rs.22,98,000/- and should be rounded off to Rs.23,00,000/-, hence, we modify the compensation amount to Rs.23,00,000/-. The learned Additional Advocate General submits that already Rs.5,00,000/- had been paid to the writ petitioner. The balance amount is deposited in Canara Bank, Thallakulam Branch, on 27.09.2024. 4.

Taking note of the said fact, we dispose of the writ appeal directing the appellants/State to pay the first respondent/writ petitioner a sum of Rs.18,00,000/- with 6% interest from 27.09.2024 till the date of payment. The payment should be made within 30 days from today. No costs. Consequently, connected miscellaneous petitions are closed. [G.J., J.] & [K.K.R.K., J.] 07.01.

To 1.The Principal Secretary, Home Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Principal Secretary, Public Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

3.The Director General of Police, Director General of Police Office Mylapore, Dr.Radhakrishnan Salai, Chennai-600 004.

4.The Additional Director General of Police, No.220, Pantheon Road, Egmore, 5.The Commissioner of Police, Commissioner of Police Office, Madurai City, Madurai-625 001.

6.The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai-625 001 7.The District Collector, Collector Office, Madurai-625 020.

8.The Tahsildar Office, South Taluk Office, Madurai District.

9.The Superintendent of Police(South Zone) No.220, Pantheon Road, Egmore, 10.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D) No.7, Kamarajar First Street, Chinna Chokkikulam, Madurai-625 002.

DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

Ns WA(MD)No.823 of 2024 and C.M.P(MD)No.6104 of 2024 07.01.2026