HC directs TN to pay compensation to man hurt during bandh

Asserting that it was state government's duty to maintain law and order and protect its citizens during hartals or bandhs, the Madras High Court has directed it to pay Rs 10 lakh compensation with interest to a bank employee, who lost an eye in a stone-pelting incident on the eve of a DMK bandh to protest party chief M Karunanidhi's arrest in 2001.
Justice M Satyanarayanan passed the order yesterday while disposing of a petition by S Krishnaswamy, seeking a compensation of Rs 25 lakh from the state for the loss of vision and suffering caused to him by the injury inflicted on him on July 1, 2001.

The judge said "The state government through an announcement had indicated that it had taken all necessary steps to maintain law and order problem and also ensured that public will not be put to any inconvenience on account of the bandh called for by DMK party following the arrest of DMK leader M Karunanidhi and also indicated that normal bus facilities would be in place."
The government stand on the matter had not been disputed by the Secretary, Transport Department and Chairman and Managing Director of Tamil Nadu State Transport Corporation, in their counter affidavit, the judge pointed out.
The petitioner submitted that on July 1, 2001, when he was travelling by a government bus from Coimbatore to Madurai, a stone was hurled at the bus, which hit his left eye, resulting in loss of sight.

He also stated that he underwent a surgerybut continued to suffer severe pain and could not continue his job as a computer operator.

The judge said on account of stone throwing by two persons on the eve of bandh, he suffered grievous eye injuries leading to loss of vision in his left eye.
The judge said prosecution launched against the two persons by the state has ended in acquittal and it did not evince any interest to challenge the trial court order and it has become final.
The juge said the petitioner is entitled to a lumpsum compensation of Rs 10,00,000 with interest at 7.5 per cent per annum from the date of filing the writ plea, October 28, 2002, till the date of full and final settlement.

"The order is also without prejudice to the rights of the petitioner to approach the civil forum for getting more compensation," the judge observed.
The compensation amount determined by the court shall be payable by the State Home Department within a period of two months from the date of receipt of a copy of this order, the judge added.