K'taka: 1 lakh fine on municipality for delayed compensation to kin of child who died in open drain
Bengaluru, Nov 8: The High Court of Karnataka has imposed a fine of Rs one lakh on the City Municipal Council, Hosapete, Vijayanagar district for taking 10 years to award compensation to the father of a six-year-old child who was washed away in an open drain in July 2013.
During the pendency of the petition filed by the victim’s father Karan Singh S Rajpurohith, the authorities had paid a compensation of Rs 5 lakh under the Disaster Management Act.
However, considering that Rajpurohith had to approach the high court with three petitions over the past 10 years, the HC imposed a fine, penalising the authorities for their apathy.
“Therefore the petition, notwithstanding the payment, is entertained and continued for issuance of suitable directions for payment of interest and costs of litigation for having made the petitioner roam from pillar to post, knocking at the doors of this court, not once, twice, but thrice,” Justice M Nagaprasanna said in his recent judgment.
The HC also took note of the fact that when Rajpurohith sought compensation for the negligence of the authorities which resulted in the death of his son, a criminal case was filed against him.
“It is a matter of record that the son of the petitioner died on 15-07-2013. A deliberate crime was registered against the petitioner under Section 176 of the IPC which could not even be made, and that comes to be quashed", the HC noted.
Blaming the authorities for the open drain that resulted in the death of the child, the HC said that the interests of citizens are the responsibility of the municipal authorities, and that they were negligent in this case.
"It is not just one life, it is even one life. A precious life is lost due to the negligent act of the Authorities. It is negligence and culpable negligence on the part of the 1st respondent (City Municipal Council)," it said.
Apart from the Rs 1 lakh fine, the HC ordered payment of six per cent interest on the compensation due.
It also warned that “in the event it (compensation) would not reach the doors of the petitioner within six weeks, he would become entitled to interest at 12 per cent from the date on which it became payable, till it is paid and the cost of Rs one lakh would be increased by Rs 50,000 month on month till it reaches the petitioner.” The HC also said that the state government could take action against the individuals responsible for the delay and recover the fine amount from them.
“It is open to the state to fix accountability on such callous ignorance of the claim of the petitioner throughout and recover the interest and cost from the erring personnel in a manner known to law,” the HC said. PTI CORR KSU RS KSU ANE
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
PM Modi, RSS strengthening wall in path of SCs, STs, OBCs: Rahul Gandhi
New Delhi (PTI): Leader of Opposition in the Lok Sabha Rahul Gandhi on Tuesday alleged that Prime Minister Narendra Modi and the RSS were strengthening the wall standing in the path of Dalits, Adivasis and OBCs, even as he acknowledged that the UPA took steps to weaken that wall but not to the extent it should have.
Addressing the 'Samvidhan Rakshak Abhiyaan', Gandhi also referred to the function held on Constitution Day in Parliament and said that it is his guarantee, that "Modi has not read" the Constitution.
"If PM Modi would have read this book then what he does daily, he would not do it," Gandhi said, displaying a copy of the Constitution of India.
Gandhi said the country's whole system is pitted against Dalits, Adivasis and backward class people.
He said a wall obstructs the path of Dalits, Adivasis and OBCs and Modi and the RSS are strengthening that wall by "adding cement to it".
"Slowly the wall (obstructing the path of SCs, STs, OBCs) is getting strengthened. Earlier, the UPA government gave MGNREGA, the land acquisition act, the right to food...those were ways to weaken that wall. Today, when I look back, I can say the UPA government did not weaken the wall to the extent it should have, it did not do it as strongly as it should have," Gandhi said.
"However, we used to make efforts to weaken that wall but they (the BJP) are strengthening that wall by adding concrete," the former Congress president said.
Gandhi said a caste survey being carried out in Telangana is a historic step and the Congress will do the same wherever it comes to power.
