The incident occurred during a bandh called DMK on July 2, 2001, protesting against the arrest of its leader M. Karunanidhi on June 30.
Chennai: Pointing out it is the duty of the state to maintain law and order and it is also under obligation to protect the life and property of citizens, the Madras high court has awarded Rs 10 lakh as compensation to a person, who lost his vision in one eye due to a stone thrown piercing though the windshield of the state transport corporation bus in which he was travelling and hitting his left eye.
The incident occurred during a bandh called DMK on July 2, 2001, protesting against the arrest of its leader M. Karunanidhi on June 30. Disposing of a petition filed by victim S. Krishnaswamy, Justice M. Sathyanarayanan said, "When the life and property is taken away under the guise of hartal/bandh by any individual/organisation, the state is under mandate to compensate the victim by granting adequate and reasonable compensation. A presumption arises on the leader of the state to protect the life and property of citizens as and when it is taken away".
In the case on hand, material placed before this court would clearly reveal that the state has given assurance that on the eve of bandh, normal life will not be paralysed and essential services will be properly maintained, based on which alone the petitioner undertook the journey.
Due to stone throwing by two persons, he suffered grievous injuries which led to loss of vision on his left eye, broken jaws and blood clots for which he has undergone surgeries and incurred medical expenses and was also put to grave hardship, mental agony, pain and suffering.
The judge had said, “A presumption arises on the leader of the state
to protect the life and property of citizens as and when it is taken away.”
The prosecution launched against two persons by the state has ended in acquittal and the state did not evince any interest to challenge the said order of acquittal passed by the trial court and it has become final.
Therefore, this court is of the considered opinion that the state was bound to compensate the petitioner for the agony undergone by him, the judge added.
The judge said the petitioner, at the time of accident was aged 44 and was working as ALPM operator in a private firm in Madurai.
Though, the petitioner claimed a compensation of Rs 25 lakh, in the considered opinion of the court, he was entitled to a lump sum of Rs 10 lakh with
7.5 per cent interest from the date of filing of petition, viz October 28, 2002, till the date of full and final settlement and the said order was also without prejudice to his rights to approach the civil forum for getting more compensation, the judge said.
