IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 5965 of 2010(U) ------------------------- PETITIONER: ----------- JITHIN C.RAJ, S/O.RAMANAN,AGED 20 YEARS, KIZHAKKETHADATHIL, THOTTARA, KULAYATTIKARA P.O. ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 3. PUBLIC WORKS DEPARTMENT (P.W.D) REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THIRUVANKULAM PANCHAYATH, THIRUVANKULAM P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. *ADDL.R5 IMPLEADED THRIPUNITHURA MUNCIPALITY, THRIPUNITHURA, ERNAKULAM – 682 301. REP. BY ITS SECRETARY * IMPLEADED VIDE ORDER DT.19.11.2010 IN I.A. 15988/10 R1 TO R3 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA R4 BY ADV. SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, ALONG WITH WPC NO.5967 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 5965 of 2010(U) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WOUND CERTIFICATE ISSUED BY MEDICAL TRUST HOSPITAL, ERNAKULAM P2: COPY OF DISCHARGE SUMMARY P3: COPY OF F.I.R. P4: COPY OF LETTER ISSUED TO RESPONDENTS DATED 23.11.09, ITS RECEIPTS AND A/D RESPONDANTS'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE JJJ ANTONY DOMINIC, J. ================ W.P.(C) NOs. 5965 & 5967 OF 2010 ========================== Dated this the 13th day of October, 2011 J U D G M E N T In an accident that occurred on 13/8/09, the petitioner in WP (C) No. 5965/10 was injured and the son of the petitioner in WP(C) No.5967/2010, Sri.Smijeesh expired. Thereafter, they filed these writ petitions claiming damages from the respondents. The writ petitions were referred to the Lok Adalath for exploring the possibility of settlement and certain suggestions were made for payment of compensation to the petitioners herein. 2. Although the matter could not be settled and the cases were returned to this Court for disposal, now the Government have issued GO(Rt) NO.4077/2011/RD dated 20/9/11, which reads as under:- “Sri.Jithin.C.Raj filed WP(C) No. 5965/2010 for compensation from respondents for an amount of 7.5 lakhs as compensation for the permanent/partial disabilities, loss of earnings and medical expense due to the falling of a large branch of mango tree, Standing on the road side, on this body while he was a pillion rider in a bike on 13.8.2009. He has also requested an interim relief of Rs.2.5 lakhs in this incident. In the same incident the bike rider Smijeesh died of injuries on his dead. His father, Sri.M.S.Thankappan filed another WP(C) No. 5967/2010 for the compensation of Rs.25 lakhs and an interim relief of 5 lakhs. 2) Both these WP(C)s are transferred to Lok Adalat. The cases were came up for consideration before the Lok WPC Nos. 5965 & 5967/10 :2 : Adalat on 3.8.2011. It is informed from the letter read above, the Hon'ble Adalat put a question whether there is any chance to grant a financial assistance as relief to the petitioner on humanitarian consideration and also suggested an amount of Rs.25,000 and Rs.50,000 respectively. 3) Government have examined the matter in detail and are pleased to sanction Rs.100000 (Rs.One lakh only) to the family of the deceased Smijeesh and Rs.25000 (Twenty five thousand only) to Sri.Jithin Raj the petitioner in WP(C) No. 5965/10 as relief from Chief Ministers Distress Relief Fund for settling the matter amicably. 4) Financial assistance thus sanctioned is solely on humanitarian considerations and the contentions raised in the writ petitions are denied. This will not be a precedent in settling future litigations. 5) The Secretary, Finance Dept., the treasurer of CMDRF will disburse an amount of 125000 (One lakh twenty five thousand only) from the T.P. 80 account under the Head of Account 2075-00-80-40 (Contribution to Chief Ministers Distress Relief Fund) to the District Collector, Ernakulam and the District Collector in turn will disburse the amount to the beneficiaries at the earliest.” In the light of the above Government Order, these writ petitions are disposed of directing that the amounts sanctioned as per the order will be disbursed to the claimants and that it will be open to the petitioners to claim further damages, if any, by instituting appropriate legal proceedings. ANTONY DOMINIC, JUDGE Rp