The judge noted that the petition was pending for about five years
In a relief to the family members of a crane accident victim, the Madras High Court has taken up their case and awarded a compensation of Rs 10 lakh, taking into consideration the illiteracy of the claimants, lack of support, efflux of time and the death of the main claimants during the pendency of the case.
Though it was a case to be decided by some other forum under the Workmen Compensation Act, the Court has entertained the same and awarded the compensation.
M Kamalakannan, a Clearing Assistant in a private company, died in July 2014 when the crane, belonging to some other company fell on him at the container terminal premises. The accident was caused due to the rash and negligent handling and driving of the vehicle or crane owned by the other company. The victim was then drawing a salary of Rs 20,000 per month.
The judge, in his October 6 order, noted that the first petitioner, the wife of the man, was illiterate. Her two children were minors at that point of time. The other petitioners were the parents of the man, aged over 70 years. Under these circumstances, the petitioners were not aware of the illegal implications regarding the entertainability of the writ proceedings under Article 226 of the Constitution of India, the judge said.
The judge also noted the petition was pending for about five years. After forming an opinion that driving these poor petitioners to the competent authorities under the Workmen Compensation Act, at this length of time, would cause greater hardship and the issue would be further prolonged and protracted, and the right of the parties could not be crystallised in the near future, the judge himself decided the case.
Unfortunately, during the pendency of the writ petition, Kamalakannan's wife and father had also died. Thus, the two young male children were left in the lurch. Of them, one was mentally unsound and studying in a special school, the judge further noted.
"Under these circumstances, this court is inclined to take up the writ petition for the purpose of determining the rights of the parties. The High Court is empowered to entertain the writ proceedings under Article 226 of the Constitution and the power conferred is also emphasised by the Supreme Court of India," the judge pointed out and directed the Iffco-Tokio General Insurance Company Limited here to pay the compensation of Rs 10 lakh to the remaining claimants under the third party insurance category.
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