Confirming the single judge order, the Madurai Bench of Madras High Court directed the government to pay a compensation of Rs10 lakh with eight per cent interest to the parents of a youth, who was killed in petrol bomb attack carried out on a Government bus by VCK cadre on May 20, 2009, after news of the death of LTTE supremo V Prabhakaran broke out in the State.
A bench, comprising Justices N Paul Vasanthakumar and P Devadoss, while confirming the order passed by single judge K K Sasidharan of Madurai bench of Madras High Court in February 2012, observed that the incident only revealed the failure of police intelligent wing. Hence there is nothing wrong in granting compensation to Ganesan and Nagammal, parents of Irulaiya of Thirupuvanam, who was killed in the bomb attack.
“We have considered various factors like the age, educational qualification and the earning capacity of Irulaiya before deciding on the compensation,” said the bench while dismissing the appeal petition.
Contesting the single judge order, the Government filed an appeal in the bench. When the case came up for hearing, the public prosecutor argued that police couldn’t take liability for the death of third party (read Irulaiya).
In such cases, the petitioners can’t directly file petition directly in the bench asking for compensation, said the prosecutor adding that the criteria adopted for deciding on compensation was not satisfactory.
However the bench said that though tense situation prevailed in the State after LTTE supremo V Prabhakaran’s death, police failed to take preventive measures. Only under such circumstances, the petrol bomb was hurled on the bus, the court said.
“If the police had acted properly they could have prevented the death of the youth,” observed the bench adding that the incident only reflected the failure of the intelligence wing.