Justice GK Ilanthiraiyan passed the order on a petition filed by the deceased, Manikanda Vasan’s parents seeking compensation from NHAI for failing to remove the branch while carrying out maintenance works. The counsels appearing for the ministry and NHAI claimed that
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Tamil Nadu
Madras HC orders Rs 16.78 lakh compensation for man killed after tree branch falls on vehicle
The court noted that the sudden fall of the tree branch happened due to the non-maintenance of the highways by the aforementioned departments
Madurai bench of Madras High court
Madurai bench of Madras High court(File Photo | Express)
Express News Service
Updated on:
26 Nov 2024, 9:08 am
1 min read
MADURAI: The Madurai Bench of the Madras High Court recently directed the Union Ministry of Road Transport and Highways and the National Highways Authority of India (NHAI) to pay Rs 16.78 lakh compensation to the family of a 27-year-old man, who died in 2011 after a branch from an old tree on the side of the Kanniyakumari-Nagercoil National Highway fell on the tempo he was driving.
Justice GK Ilanthiraiyan passed the order on a petition filed by the deceased, Manikanda Vasan’s parents seeking compensation from NHAI for failing to remove the branch while carrying out maintenance works.
The counsels appearing for the ministry and NHAI claimed that they cannot be held liable for the accident as it is not sure if Vasan died after the branch fell or due to drowning, as the vehicle subsequently fell into a nearby canal.
However, the judge rejected the contention and pointed out from the autopsy report that Vasan died due to a head injury when the tempo’s rooftop was crushed by the branch. The sudden fall of the tree branch happened due to the non-maintenance of the highways by the aforementioned departments, who were responsible for removing old and worn-out trees on public roads.
Since the accident was caused by their negligence in discharging their statutory duties, they are liable to pay compensation, he held. Noting that the deceased was the sole breadwinner of his family, the judge calculated the compensation as per the principles laid down by the Supreme Court and gave the above direction.
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