Madras HC asks TN Govt. to pay 10 lakhs as compensation to a man who suffered injuries during Bandh [Read Order]

When life and property is taken away under the guise of Hartal/Bandh by any individual/organization, the State is under mandate to compensate the victim by granting adequate and reasonable compensation, the Court observed.

The Madras High Court has awarded a compensation of Ten Lakhs to a person who suffered injuries during a Bandh which was called by DMK to protest arrest of the then Chief Minister of Tamil Nadu M. Karunanidhi.

Justice M. Sathyanarayanan also observed that, when life and property is taken away under the guise of Hartal/Bandh by any individual/organization, the State is under mandate to compensate the victim by granting adequate and reasonable compensation.

S.Krishnaswamy, had approached the High Court claiming a compensation of 25 Lakhs for the pain and injury suffered by him, when, a big stone pierced through the windshield of the bus and directly hit on his left eye and as a result, his left eye ball came out with lot of pulp and caused injury around his left eye and cheek.  HE contended that, but for the assurance given by the State Transport Corporation officials, the driver and conductor of the bus, he could not have undertaken the journey and the State Government had given assurance that in spite of Bandh, law and order would be normal and adequate protection would be given; but failed to perform the public duty and responsibility cast upon them and as a consequence, he suffered the disabilities.

Awarding him a compensation of 10 Lakhs, the Court observed: “Thus, it is the duty of the State to maintain law and order and it is also under obligation to protect the life and property of the citizens and when life and property is taken away under the guise of Hartal/Bandh by any individual/organization, the State is under mandate to compensate the victim by granting adequate and reasonable compensation. A presumption arise on the leader of the State to protect the life and property of the citizens as and when it is taken away.”

Read the order here.