KOCHI: A Division Bench of the Kerala High Court has upheld the Single Judge order to award compensation of Rs 7 lakh to a mini lorry driver from Kalamassery here who had been rendered partially blind by a stone thrown by hartal supporters during a shutdown called by the LDF trade unions in 2005. The Division Bench order came on a review plea from the government which challenged the Single Judge decision to award compensation.
The Single Judge's directive came on a petition filed by Chandra Bose claiming a compensation of Rs 15 lakh. According to him, the LDF trade unions had called a 24-hour general strike from July 4- July 5, 2005 midnight.While he was driving a mini lorry belonging to his employer from Kannur to Kozhikode, the bandh supporters had pelted his vehicle with at 10.30pm when he reached Thiruvandoor. His right eye was seriously injured in the incident. Later, he lost his eyesight. The petitioner sought compensation on the ground the injury had disabled him from undertaking any employment.
According to the victim, the stone was thrown by the hartal supporters. He submitted despite the HC Full Bench judgment declaring hartals/bandhs as unconstitutional, the action by the miscreants at the instance of a political faction resulted in his permanent partial disability, and the government failed to protect the life of the citizen. According to Bose, he is the sole breadwinner of his family consisting of four members and the eye injury forever changed his life and career. The Single Judge had directed the state government to recover 75 per cent of the compensation awarded to Bose from the state secretary and convener of the LDF who were cited as the other respondents.
Challenging the order, the state government had gone in appeal. It submitted there were no lapses on the part of the government or police. The state had taken all precautions on the particular day to prevent disruption of normal life, with enough police personnel deployed on duty at all major points.
Since the accused could not be brought to justice, the case was treated as undetected on October 2009 and the final report was filed before Judicial First Class Magistrate Court, Koyilandy. The state submitted the Single Judge had erred in attributing 25 per cent liability to it. It was only an accident which happened during the course of his work. Hence, he could claim compensation under the Workmen's Compensation Act. The Single Judge's order had caused considerable loss to the exchequer. The Single Judge failed to consider the fact when the government is ordered to pay compensation, the public money is to be utilised for the welfare of a private person.