It is not just ‘one life’ but it is ‘even one life’, Karnataka High Court tells govt. on death of child in uncovered drain

Court ensures ₹5L compensation to man for son's death due to uncovered public drain. HC reminds State authorities of their duty to upkeep and safe keep citizens' interests. Court observes sudden loss of a child is a terrible blow to parents, monetary compensation cannot fill emotional vacuum.

It is not the question of “just one life” but of “even one life”, the High Court of Karnataka reminded the State authorities, who took 10 years to pay a statutory compensation of ₹5 lakh to a man for the death of his six-year-old son, who had died by accidentally falling into an uncovered public drain during heavy rains.

The Court ensured the that authorities paid ₹5 lakh compensation under the Disaster Management (DM) Act, 2005, during the pendency of man’s third petition in a row filed in 2023. This was after rejecting another plea made by the authorities stating once again that they would consider his representation for payment of compensation without acting on his representation despite an earlier direction of the Court.

Justice M. Nagaprasanna passed the order while allowing the petition, filed by Karan Singh S.R., a resident of Hosapete in Vijayanagar district, against the Hosapete City Municipal Council and the Hosapete District Administration.

Though the authortiies sought closure of the petition on payment of compensation, the Court declined this request and imposed a cost of ₹1 lakh on the authorities besides directing them to pay an interest at 6% per annum on ₹5 lakh from 2013 for their negligence, collousness and apathy in dealing with the issue and forcing the petitioner to run from pillar to post and knock on the doors of the court thrice.

If the authorities failed to pay the interest amount at 6% and the cost within six weeks, then they have to pay interest at 12% per annum and the cost would increase by ₹50,000 for every month of delay, the Court made it clear.

“It cannot be forgotten that sudden loss of a son or a daughter is a terrible blow to the parents. One of the most painful moments of one’s life is to be the pall-bearer of a deceased child. Emotional vaccum left by the sudden departure of a child cannot be filled by monetary compensation but still to ameliorate the emotional vaccum left by the child, monetary compensation is paid to the parents,” the Court observed.

Observing that the death had occurred due to culpabale negligence of the State authorities in maintaining the drains, the Court reminded that Section 39 of the DM Act mandates that the State and its authorities to upkeep and safe keep the interest of the citizens from the grassroot to the metropolis so that such incidents do not repeat.