HC imposes fine of Rs 1 lakh on municipality for delayed compensation

Bengaluru, NT Bureau: The High Court of Karnataka has imposed a fine of Rs.1 lakh on the City Municipal Council, Hosapete, Vijayanagar Taluk for taking ten 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 last ten years and the apathy of the authorities, the HC imposed a fine.

“It is, 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, knock at the doors of this Court, not once, twice, but thrice,” Justice M Nagaprasanna said in his judgement dated September 27, 2023.

The HC also took note of the fact that when Rajpurohith sought compensation for the negligence of the authorities that 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 dies 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, representations galore before the Authorities, for grant of compensation on the death of his son which was due to the negligence on the part of the Municipal Authorities,” the HC noted.

Blaming the authorities for the open drain that resulted in the death of the child, the HC said, “In terms of Section 39 of the Act, it is necessary for every Municipal Authority or the Authority in which the land would come to safe keep and bear in mind the interests of the citizens. This appears to have been given a complete go-bye in the case at hand. 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).”

Apart from the Rs.1 lakh fine, the HC ordered payment of six per cent interest on the compensation paid.

It also warned that “In the event, it would not reach the doors of the petitioner within 6 weeks, he would become entitled to interest at 12% from the date on which it became payable till it is paid and the cost of Rs.1,00,000/- 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. (WP 103849/2023)