DATED : 21.08.2023
CORAM :THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.9068 of 2015
Introduction:
The case of W.P.(MD)No.16821 of 2023 involves a Writ Petition filed under Article 226 of the Constitution of India before the High Court. The petitioner, B. Sundramoorthi, a Sri Lankan refugee, seeks compensation for the death of his daughter due to the collapse of a wall in the Thiruvathavur refugee camp. The case was heard by Mrs. Justice L. Victoria Gowri on 21st August 2023. The petitioner was represented by Mr. AV. Saha and Mr. R. Alagumani, while the respondents were represented by Mr. N. GA. Nataraj, the Government Advocate.
Facts of the Case:
On 12th May 2014, a wall collapsed at the Thiruvathavur refugee camp, Madurai District, due to heavy rainfall, resulting in the death of the petitioner’s daughter, Saranya. The petitioner sought compensation for his daughter’s death, attributing it to the poor construction of the wall.
Legal Issues:
The central legal issue revolves around the liability of the Government for the petitioner’s daughter’s death and the question of compensating the petitioner’s family. The Court needs to determine whether the Government is responsible for the poor construction of the wall and whether compensation should be awarded.
Arguments and Analysis:
The petitioner’s counsel argued that the Government is liable for the inadequate construction of the wall, which led to Saranya’s death. The counsel cited the First Information Report (FIR) lodged by the jurisdictional Village Administrative Officer, which indicated that the child’s death was due to the wall’s collapse.
The Government Advocate disputed this assertion, claiming that the asbestos roofing put up by the petitioner had fallen on the child, leading to her death. The court noted the Government’s delay in allotting funds for infrastructure enhancements at the camp, which was put forward by the District Collector in 2012 but was only granted in 2015-16. Despite having doubts about the wall’s structural stability, the Government failed to address the issue in a timely manner.
Court’s Decision:
Justice L. Victoria Gowri analyzed the case in light of the petitioner’s rights and the Government’s responsibilities towards refugees. The Court recognized the right to life, the right to work, and the right to decent housing as integral components of a refugee’s fundamental rights.
The Court held that the victim’s death was a result of the Government’s poor construction and maintenance of the wall. It stated that the principle of “res ipsa loquitur” (the thing speaks for itself) applied, and the victim had not contributed to the occurrence. The Court emphasized the State’s absolute liability and held the Government responsible for the incident.
Regarding compensation, the Court referred to the parameters established in the case of Latha Wadhwa (2001) 8 SCC 197 and awarded a compensation of Rs.5.00 lakhs. However, considering potential misuse, the Court ordered the Government to create a fixed deposit in favor of the petitioner’s wife for three years, with interest being available to her every two months. If the Government fails to comply, it would be liable to pay interest at the rate of 6% p.a from the date of filing the writ petition.
Conclusion:
The case of W.P.(MD)No.16821 of 2023 underscores the importance of protecting the rights and well-being of refugees. The judgment emphasizes that refugees, regardless of citizenship, are entitled to fundamental rights enshrined in the Constitution, including the right to life and work. The Court’s decision holds the Government accountable for its negligence in providing safe housing and infrastructure for refugees. Furthermore, the compensation awarded, along with the innovative approach of creating a fixed deposit, seeks to ensure that the petitioner’s family is appropriately compensated and safeguards against misuse. This case demonstrates the judiciary’s role in upholding justice, accountability, and the rights of vulnerable individuals within society.
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Written by- Shreeya S Shekar
