The Madras High Court Bench here has directed the state government to pay within two months Rs 10 lakh to the parents of a 22-year-old porter who was killed when members of the Viduthalai Chiruthaigal Katchi allegedly threw petrol bombs on a state-run bus in May 2009.
The VCK members were protesting against the death of LTTE leader Prabhakaran earlier in the month. Rejecting the special government pleader's argument that the state was not responsible for the incident and as such, the state is not liable to pay compensation, Justice K K Sasidharan said, "The state cannot wash its hands (off) by pleading that the death occurred on account of the unlawful and barbaric acts of certain individuals belonging to a political party."
The judge said the victim had been travelling in a government bus when the incident occurred on May 2009 and had paid the charges for the journey.
"The Corporation (to which the bus belonged) was bound to ensure the safety of its passengers. The state being the owner of the bus also cannot avoid the responsibility," the judge said.
"The injured passengers and the legal heirs of the deceased passengers are entitled to claim compensation, in case of accident. In the subject case, the death occurred on account of a bomb blast. The members of a recognised political party were the wrongdoers," he said.
Justice Sasidharan also observed that three VCK functionaries were named in the charge sheet in connection with the incident and the case against them was pending.
He said Irulaiyya, who was killed in the incident, was in no way responsible for the death of Prabhakaran. "Stringent action, at the organisation level, should be taken against such people by political parties. This would deter others from taking recourse to such violent and unlawful acts in future. The political parties should instruct their cadre to adopt non-violent methods to redress their grievances," he said.
Irulaiyya's parents had, in their petition said that their son, who was the sole breadwinner of the family, was proceeding to Madurai in a state-owned bus on the day of the incident.
When the bus reached Thirupuvanam, located near Madurai, three individuals belonging to the VCK threw petrol bombs at the bus, they said, adding Irulaiyya sustained multiple injuries in the blast and succumbed on May 23, 2009.
According to Irulaiyya's parents, the death occurred on account of the negligence of police, who were entrusted with tasking of preserving law and order. Therefore, the state was liable to pay compensation.