Rs 10L relief for mom whose kid died hit by sand cart

Madurai: Condemning the authorities for their failure to protect the life of a child, the Madurai bench of the Madras high court ordered the state’s home secretary to pay Rs 10 lakh as compensation to the mother of a nine-year-old daughter who died in an accident involving a bullock cart engaged in smuggling of

sand

from Vaigai riverbed.

On June 7, 2010, the girl M Dhanalakshmi from Madurai was going to school on her bicycle along with her relative. The cart driven by one Dinesh alias Dineshkumar hit the cycle resulting in her death. Within a week, the girl’s 32-year-old father also died due to depression caused by his daughter’s death.

Seeking compensation and compassionate appointment, the girl’s mother Nithya filed a writ before the court. Her counsel R Alagumani argued that it was the failure on part of the revenue and police officials to initiate serious action against sand smugglers which resulted in the death of the child.

Justice K K Sasidharan, who heard the case initially directed the Madurai collector to consider the plight of the woman by giving her a job in a noon meal centre. But, the collector said that she could be appointed based on recruitment procedure.

Justice R Subramanian who heard the case after justice Sasidharan said, “The law imposes duty upon the state to protect its natural resources including river sand. Smuggling of river sand has become a menace and the fact that it goes on unabated and at times in connivance with the officials whose duty it is to prevent such illegal mining a known secret.”

The judge further said, “The fact that the daughter of the petitioner was killed as a result of an accident involving a bullock cart engaged in illegal sand mining is not in dispute and the husband of the petitioner died within a week of the death of his daughter is also admitted. No action was taken against the man who caused death, under the Tamil Nadu Mines and Minor Minerals Concession Rules, 1959. It is also shocking to note that the man’s case was referred to lok adalat and he has been discharged from the offence on payment of Rs 5,000 as fine. This, in my opinion is the most condemnable conduct on the part of the officials.”

The judge added, “The state is duty bound to protect its citizens and the plea that illegal sand mining goes on despite regular raids being conducted by the government departments cannot be an answer. There is a tacit admission of the failure on the part of the sate machinery to check illegal sand quarrying in the counter filed by the Vadipatti tahsildar.”

“I, therefore, reach the inevitable conclusion that the state, which is bound to protect the life and liberty of the citizens failed to do so and callousness in discharging the duties by the officials made out. The state is liable to compensate the petitioner who is a victim of such failure on the part of the state machinery. The home secretary is directed to pay Rs 10 lakh to the petitioner with 7.5% interest from the date of filing of the writ till the date of payment.”

The judge also said, “I only hope that this case will serve as an eye-opener and the persons responsible for preventing illegal sand mining will do their duties consciously and prevent recurrence of such incidents in future.”