Full Judgment
V.S. Sirpurkar, J.
1. This judgment shall dispose of two petitions namely 4574 and 4575 of 1995. The first petition is filed by one Chinnathambi while the second petition is filed by Srinivasan. Both petitioners are the parents of one Palaniammal and Nandakumar respectively. These two innocent children aged 11 years were the students of 6th class in a Government Higher Secondary School, Kaveripattinam. In that school, the parent teachers association had constructed a water tank for the usage of the students and the teachers. On the fateful day while these children were washing their utensils in the recess the said water tank broke and fell down on the two innocent children crushing them to death. The Government has sanctioned Rs. 5000/- to each of them by way of ex gratia payment.
2. The petitioners now come up before this Court saying that the Government had tortious liability and since the accident took place during the school time, the Government was liable to compensate the parents for the life of their children and this compensation of Rs. 5,000/- is meagre and not at all commensurate to the damage and injury suffered by the parents.
3. It is an admitted case that each of them claimed Rs. 1,50,000/- on account of the death. In their affidavit it has been pointed out that it is similar case in the matter of death of one Gunasekaran who died at the age of six years on 1-3-1989 while he was returning home by falling into the drain inside Lloyds Colony. The Supreme Court directed the payment of compensation of Rs. 50,000/- with interest at 12% p.a. from January, 1990 till the date of payment.
4. Learned Government Pleader opposed the petitions on the ground that ex gratia compensation was already paid and that there was no liability against the Government. He pointed out that the parties couldfile a civil suit and establish the tortious liability if any.
5. Right of life enunciated in Article 21 has time and again been recognised by the Supreme Court and in its various ramifications. This was a case where the two innocent children had gone to the school and the accident actually took place during school hours. Even if it is considered that the said tank was constructed by the parent teachers Association it was undoubtedly the responsibility of the school authorities to see that the tank was properly constructed and erected and that it should not have been hazard to the lives of the children. There can be no dispute that in this case school authorities have not been careful enough to see that the construction was proper and in keeping with the rules. It beats ones understanding, as to how a tank which was constructed nearly in 1983-84 would collapse all of a sudden within eight years of its construction i.e. on 12-10-1992. The things do speak for themselves. There can be least doubt that the school authorities were not vigilant to their duties and that this being the Government School the Government would have a liability. There is no dispute that two young lives have perished predominantly because of the lack of care on the part of the school authorities. In my opinion the compensation of Rs. 5000/- by way of ex gratia payment would be a cruel joke. The petitioners have claimed the compensation of Rs. 1,50,000/- each in their writ petitions.
6. Considering the age of the children, the social background that they come from the fact that these children were bona fide students and could have had a bright future, the compensation of Rs. 1,50,000/- shall be on the lower side. I, therefore, allow both the petitions and direct the Government to make a payment of Rs. 1,50,000/- to each of the petitioners within two months from today. If the payment is not so made, it shall carry the interest at the rate of 12% p.a. till the actual payment is made.
7. The writ petitions are allowed in the above terms. Consequently, the connected W.M.Ps. are closed. No costs.