HC calls for guidelines for determining compensation for accident victims

Chennai: The Madras High Court has directed the Tamil Nadu government to formulate guidelines to determine the quantum of compensation/ex-gratia payable to victims of accidents, which occurred in public places. Justice S M Subramaniam gave the direction, to be formulated within eight weeks, while disposing of a batch of writ petitions filed from 2012, on the subject.

The judge noted that different amounts of compensation were awarded by the authorities concerned for the same type of accidents due to extraneous reasons, including political ones.

In one case, Rs 1 crore compensation was paid along with government job and in another, Rs 50 lakh was given. In other instances of the same type of accident, compensation ranging from Rs 1 lakh to Rs 5 lakh was provided.

The basis for determining the quantum of compensation was absolutely unexplained and it remained a mystery. The basis was not made known to the public at large. It lacked transparency, which was required and a mandate under the Constitution.

Similarly placed persons, who were victims of such public accidents, must be in a position to know what was the actual compensation which they were entitled to receive from the government. It was as if the executives can quantify the compensation at their own whims and fancies or based on certain extraneous considerations, including politics, the judge said and gave the direction. The writ petitioners shall submit their respective applications to the competent authority for compensation/ex-gratia within 12 weeks and the same shall be considered based on the guidelines to be formulated and a decision should be taken within eight weeks thereafter, the judge said.

The court also made it clear that payment of compensation/ex-gratia by the government shall not be a bar for the eligible victims to claim insurance benefits and compensations under various other welfare legislations, in the manner known to law. (PTI)