The Madras High Court on Monday ordered the city Corporation to pay compensation of Rs.22 lakh to a young man, whose parents were killed when a tree fell on their car near Dr. Alagappa Road at Purasawalkam here in 2005.
The Court also directed payment of Rs 7.26 lakh as interest.
The petitioner, K. Karthik, was 14 years old when. on October 12, 2005, the old tree fell on the car during heavy rain, killing his father C. Krishnamurthy, an assistant director in the Highways Research Station, and mother K. Chitra, a schoolteacher.
Holding Corporation authorities accountable for negligence, Justice N. Paul Vasanthakumar said having failed to remove dangerous trees and allowing two precious lives to be lost, the Corporation officials could not plead that the deaths were owing to “an act of God”.
The Corporation was liable to pay compensation for the loss sustained by the petitioner for the death of his parents on the basis of vicarious liability.
Karthik, in his petition, stated that his family was returning after buying clothes from a textile showroom at Purasawalkam. His father was driving the car cautiously.
When they approached the Mutt Street near Dr. Alagappa Road around 6.30 p.m. a large tree on the left side of the road fell on the car, instantly killing his parents who were sitting in front.
Karthik, who was in the rear seat, escaped.
He contended that the tree was in a precarious condition and could not withstand rain and wind.
Officials had not taken steps to remove it despite complaints from local residents.
The accident was due to the negligence and careless attitude of the officials of corporation.
The Corporation contended that it could not pay compensation as the fall of the tree on that fateful day was an act of God.
Rejecting the contention, Mr Justice Paul Vasanthakumar said if an enumeration had been made prior to the accident, the dangerous tree could have been cut and removed.
