MADURAI: The Madurai Bench of Madras HC directed the Madurai collector to pay a compensation of Rs 12.5 lakh to a boy, who lost his vision in the right eye after being hit with lathi by a policeman.
The head constable K Veerapathiran was trying to stop the boy as he was allegedly riding his two-wheeler in a rash and negligent manner on December 17, 2016. The order was issued by Justice C Saravanan, while hearing a petition filed by the boy’s mother seeking compensation of Rs 30 lakh.
During the hearing, the special government pleader said the incident happened when the minor was riding triples without wearing helmet and got injured after they fell down on Samayanallur-Vilangudi Road when the constable was trying to stop him using his lathi. “Moreover, the then inspector of the police station, after an investigation, found the head constable was not responsible for the injury,” he said.
The petitioner’s counsel said a complaint was lodged in Samayanallur police station under 457 and 394 IPC sections and the private hospital that examined the boy had said it was glaucomatous optic atrophy in the right eye. The counsel also said after the incident, the boy was not able to concentrate and his studies were affected.
Following a direction of the court, the boy had appeared before the medical board attached to Government Rajaji Hospital in Madurai and the board later submitted a report to the court mentioning that he was partially/visually impaired and has no scope of pursuing his regular avocation.
Hearing the submissions, the court said the petitioner as a parent ought to have been careful in not allowing her son to be an accessory to commit the offence. However, there is no justification for the injury. The court observed the constable acted as per his duty, although in excess, and he should not be penalised. The Madurai collector has been directed to pay the amount with interest with date of incident in the boy’s bank account.