Punjab-Haryana High Court Order
A decision of the Punjab and Haryana High Court is in the news. Finding the Municipal Corporation guilty, the Punjab and Haryana High Court ordered a compensation of Rs 4 lakh to the widow and children of a 53-year-old man. Five years ago a tree fell on his auto-rickshaw. Due to this, the auto rickshaw driver died.
Municipal Corporation did not properly care for the trees
The bench of High Court Judge Vinod S Bhardwaj said that the tree fell on the deceased Naresh Kumar. He died prematurely. The High Court said the Chandigarh Municipal Corporation failed to prove that the trees had been properly pruned. Branches that posed a danger to life and property were not removed. This incident occurred due to this error of the Municipal Corporation. Therefore, the petitioners will have to pay an interim compensation of Rs 4 lakh.
Compensation must be delivered within two months.
Along with this, the court order said that interim relief should be granted to the petitioners within a period of two months from the date of receipt of the certified copy of this order. Failure to do so will result in the petitioner being entitled to receive interest at the rate of 6 percent per annum on the amount from the date of filing of the petition.
Meanwhile, the High Court clarified that the Chandigarh Municipal Corporation will have the right to exclude the principal amount of interim compensation from the amount finally awarded, but if the compensation determined by the Court is less than the interim compensation ordered, then no compensation will be made. recovery. made.
There was a demand for compensation of Rs 25 lakh.
Let us tell you that this High Court order was passed on the petition filed by Usha and her children, demanding compensation of Rs 25 lakh for the death of her husband Naresh Kumar due to negligence on the part of the Municipal Council. Corporation.
He died from a fall from a tree in July 2019
The petition claims that Kumar, 53, was standing outside the government school located in Sector-37, Chandigarh, waiting for the children he used to take from home to school. On July 11, 2019, between 1:30 pm and 2:00 pm, a rickshaw driver was waiting for children in front of the school on his three-wheeler when a tree fell on his car. This caused head injuries. He was immediately taken to the Government Multi Specialty Hospital located in Sector 16, Chandigarh. Due to his critical condition, he was referred to PGIMER, Chandigarh, but on reaching there he was declared brought dead.
The deceased’s wife argued that her husband died due to an unexpected incident. There was no negligence on their part but it was entirely due to the negligence of the Chandigarh Municipal Corporation.
