act of God” and confirmed the award of Rs 29.26 lakh. Holding that this judgment fully supported the case of the petitioner, as there was negligence on the part of the Palladam Municipality in fixing the shade properly.

Collapse of toilet shade not an ‘act of God’, says HC
Published: Jul 04,202103:00 AM

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Unwilling to let go the death of a person after the collapse of the shade of a three-decade-old toilet maintained by the Palladam Municipality as an “act of God”, the Madras High Court held that it was the Municipal Commissioner’s negligence that led to the shade’s collapse, and granted a compensation of Rs 27 lakh to the kin of the deceased.

Chennai: When the plea moved by the wife of the deceased came up, a division bench comprising Justice N Kirubakaran and Justice TV Thamilselvi granted the compensation after setting aside Palladam Municipality’s contention that it was a natural calamity. There was no negligence on their part as the toilet was maintained properly, and that the building was in a stable and sound condition, the civic body submitted.

Pointing out that the shade did not surface on its own but was fixed to the toilet building only by the Municipality, the bench said, “The shade was part of the toilet building put up by the Municipality. Therefore, the Municipality alone could be held negligent for the falling of the shade on the petitioner’s husband.“If the shade had been properly fixed, then there would have been no occasion for it to fall down. Therefore, it is the Palladam Municipality’s negligence due to which the accident had occurred, resulting in death of the petitioner’s husband and the Municipality is liable to pay compensation to the petitioner,” the bench ruled.

The bench also set aside the contention on the petition’s maintainability on payment of compensation by relying on a High Court judgement cited by the petitioner’s counsel M Purushothaman regarding a tree planted and maintained by the Corporation falling on a car resulting in loss of life. The Division Bench had rejected the contention of the Corporation that it is an “act of God” and confirmed the award of Rs 29.26 lakh. Holding that this judgment fully supported the case of the petitioner, as there was negligence on the part of the Palladam Municipality in fixing the shade properly.

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