The Madras High Court has ordered Kancheepuram district Collector to pay before December-end a compensation of Rs.10 lakh to a person whose son was murdered in an Adi Dravidar Welfare Hostel where he was admitted. If the amount was not paid before that date, the victim's father is entitled to get nine per cent interest from January 2012 till the date of actual payment.
“There is sheer negligence on the part of the respondents in maintaining the hostel which caused the death of the petitioner's only son,” Justice N. Paul Vasanthakumar held in his order.
In his petition, K. Saminathan said that his son S. Logeswaran joined the ITI course at Kamatchi ITI, Sekkupettai, Kancheepuram.
He was admitted to the hostel at Kayarkulam. On October 1, 2010 he was found murdered and a complaint had been registered with the Kancheepuram Taluk Police. A charge sheet had been filed against M. Purushothaman, an inmate of the hostel.
The petitioner contended that it was due to sheer negligence of the hostel Warden that the incident occurred.
Mr. Justice Paul Vasanthakumar said the facts in the case were not in dispute. No watchman had been posted in the hostel and the warden was not residing on the hostel premises.
Thus, there was negligence by official authorities.
Even if any watchman was available and something happened to a hostel inmate, it could not be a reason to reject the claim of compensation as per an earlier view of the High Court.
The warden was a local parent of the hostel inmates.
The vicarious liability on the part of the authorities in paying compensation to the petitioner could not be disputed.
The Judge said the petitioner was aged 45 and had wife and two daughters.
The daughters were younger to Logeswaran. All of them depended on the petitioner.
The petitioner had lost his only son. Hence, he was of the view that Rs.10 lakh would be the appropriate compensation payable to Mr. Saminathan