LI Network
Published on: December 13, 2023 at 12:20 IST
The Allahabad High Court has awarded compensation of ₹50 lakh to a widow under the Fatal Accidents Act.
The court entertained a writ petition for compensation, emphasizing that the deceased employee was a government servant, and the tortious liability rested with the government.
Justices Saumitra Dayal Singh and Shiv Shanker Prasad held that, despite the remedy available through a civil suit, the court could exercise its jurisdiction under Article 226 of the Constitution for claims involving compensation against government agencies or servants.
The court observed the State’s failure to provide compensation to the deceased’s family and concluded that an alternate forum would serve no useful purpose.
The case involved Dr. Ravindra Mohan Prasad, a government servant, who suffered burn injuries from a blast at a storage facility adjacent to his official accommodation. Despite efforts at the SIPS Super Speciality Hospital Burn and Trauma Center, he succumbed to his injuries.
The court held the tortious act responsible for the death to be compensable under the Fatal Accidents Act.
Referring to legal precedents, including Shyam Sunder v. State of Rajasthan and Gujarat State Road Transport Corpn. Vs. Ramanbhai Prabhatbhai, the court established the right to claim compensation for death due to a tortious act.
It highlighted the petitioner’s right to compensation as her husband was a victim of the tortious act committed by State employees.
The court rejected the State’s contention that the deceased, being off duty, was not covered under any existing policy for compensation. It held that the accident resulted from the neglect of State functionaries, making the State liable for compensation.
The court dismissed the reasoning provided by the Committee for denying compensation, emphasizing that accidental occurrences inherently involve tortious acts.
Recognizing the State’s failure to take decisive action, the court awarded compensation of ₹50 lakh to the petitioner, holding the State accountable for the tortious act and ensuring justice for the victim’s family.
Case Title: Smt. Shakuntala Devi v. State of U.P. and Others [WRIT – C No. – 30866 of 2011]
