M.Karthick v. The Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Karthick ... Petitioner vs.
1. The Secretary to the Government, Agriculture and Farmers Welfare, Fort St. George, Chennai.
2. The Secretary to the Government, Highways and Minor Ports Department, Fort St. George, Chennai.
3. The District Collector, Madurai District, Madurai.
4. The Superintending Engineer, Office of the Superintending Engineer Highways, (Construction and Maintenance), Alagar Kovil Road, Madurai.
5. The Joint Director of Agriculture, Melakanmai Street, Tallakulam, Madurai -2.
...Respondents
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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.Pa.O.Na.1/17953/2024, dated 03.04.2025 on the file of the 5th respondent and set aside the same as illegal and consequently to direct the respondents to grant compensation for the loss of Petitioner's father death dated 14.06.2024.
For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.S.Shanmugavel Additional Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 03.04.2025 on the file of the 5th respondent and consequently to direct the respondents to grant compensation for the loss of Petitioner's father death dated 14.06.2024.
2. The brief facts are that the petitioner's father was selling flowers while standing under a tree near the Agricultural Extension Centre, Sholavandan. On 14.06.2024, unfortunately, a branch of the tree leaning toward the roadside fell on him, causing grievous injuries. He was subsequently taken to the hospital, where he was declared dead.
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3. In the impugned order, it is stated that it is an Act of God and negligence cannot be fixed on the respondents, therefore compensation cannot be granted.
4. This Court directed to ascertain whether the Chief Minister relief be granted to the petitoner under G.O.Ms.No.268 dated 18.08.2017. The Government has fixed Rs.1 Lakh for such unnatural death without negligence on any person.
5. It is seen from the records that the petitioner is 30 years old and is not dependent on his father. However, the petitioner relied on the Judgment reported in CDJ 2012 MHC 2360 in the case of K. Karthik vs. State of Tamil Nadu, represented by its Secretary to Government, wherein the multiplier method was applied in determining compensation under the Motor Claims Original Petition (MCOP).
6. This Court is of the considered opinion, multiplier method cannot be applied in the present case, as the petitioner is not a dependent. In order to meet the ends of justice, the respondents are directed to pay a sum of Rs. 1,00,000/- (Rupees One Lakh only) from the Chief Minister's Relief Fund and the same shall be disbursed to the petitioner within a period of 12 weeks from the 3/6
date of receipt of a copy of this order. Additionally, appropriate compensation may be considered under any other suitable relief fund, if applicable.
7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6
To:
1. The Secretary to the Government, Agriculture and Farmers Welfare, Fort St. George, Chennai.
2. The Secretary to the Government, Highways and Minor Ports Department, Fort St. George, Chennai.
3. The District Collector, Madurai District, Madurai.
4. The Superintending Engineer, Office of the Superintending Engineer Highways, (Construction and Maintenance), Alagar Kovil Road, Madurai.
5. The Joint Director of Agriculture, Melakanmai Street, Tallakulam, Madurai -2.
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S.SRIMATHY , J.
KSA ORDER MADE IN DATED :01.07.2025 6/6