Like assets, even liabilities of dead father fall on son, rules Madras HC
TIMES NEWS NETWORK
Chennai: Just as assets, even the liabilities of a man will pass on to his son after his death, said the Madras high court, directing a man to pay the unpaid compensation that ought to have been given by his deceased father to kin of a worker who died while cleaning the drain of his father’s residence. The order comes17 years after the death of the worker in Saidapet.
“The concept of pious (moral) obligation originatedin Dharma Sastras, according to which, non-payment of debt is a sin, which results in unbearable suffering in the next world. Just as Lord Ram was obligated to fulfil his deceased father’s promise to his stepmother, the petitioner is obligated to pay compensation to the deceased worker’s family, which is imposed on his father,” Justice S Vaidyanathan said.
The issue pertains to a plea moved by A Ravichandran, assailing the order of Puzhithivakkam zonal officer of the Chennai Corporation on August 21, 2017 directing him to pay ₹10 lakh as liability to Adhilakshmi, legal heir of late Narasimhan who died on August 26, 2001, while cleaning the drain in the house, where his father lived.
According to the petitioner, the compensation had already been paid by his father to the family of the deceased. “Adhilakshmi had kept quiet for more than 15 years and only in the 2016, the corporation is claiming compensation amount on her behalf and it is only an afterthought,” the petitioner said and sought the court to quash the order.
Refusing to accept the contention, the judge said, “As the petitioner has come forward challenging the order and that the petitioner and the official are jointly, severally and vicariously responsible to pay compensation to the dependent of the deceased, this court interferes with the order and modifies the same to the extent that ₹7.5 lakh will have to be paid to the victim’s family, of which, ₹5 lakh shall be paid by the petitioner and ₹2.5 lakh shall be paid by the corporation. However, this will not preclude Adhilakshmi and other legal heirs to claim the balance ₹2.5 lakh, if they are able to establish that there is no delay on their part in claiming the amount.”
The court further made it clear that the compensation must be remitted to the accounts of legal heirs of the deceased, within two months by RTGS/NEFT, to avoid payment of any commission that may be said to have been taken by the officials, on realisation of the amount.
TIMES NEWS NETWORK
Chennai: Just as assets, even the liabilities of a man will pass on to his son after his death, said the Madras high court, directing a man to pay the unpaid compensation that ought to have been given by his deceased father to kin of a worker who died while cleaning the drain of his father’s residence. The order comes17 years after the death of the worker in Saidapet.
“The concept of pious (moral) obligation originatedin Dharma Sastras, according to which, non-payment of debt is a sin, which results in unbearable suffering in the next world. Just as Lord Ram was obligated to fulfil his deceased father’s promise to his stepmother, the petitioner is obligated to pay compensation to the deceased worker’s family, which is imposed on his father,” Justice S Vaidyanathan said.
The issue pertains to a plea moved by A Ravichandran, assailing the order of Puzhithivakkam zonal officer of the Chennai Corporation on August 21, 2017 directing him to pay ₹10 lakh as liability to Adhilakshmi, legal heir of late Narasimhan who died on August 26, 2001, while cleaning the drain in the house, where his father lived.
According to the petitioner, the compensation had already been paid by his father to the family of the deceased. “Adhilakshmi had kept quiet for more than 15 years and only in the 2016, the corporation is claiming compensation amount on her behalf and it is only an afterthought,” the petitioner said and sought the court to quash the order.
Refusing to accept the contention, the judge said, “As the petitioner has come forward challenging the order and that the petitioner and the official are jointly, severally and vicariously responsible to pay compensation to the dependent of the deceased, this court interferes with the order and modifies the same to the extent that ₹7.5 lakh will have to be paid to the victim’s family, of which, ₹5 lakh shall be paid by the petitioner and ₹2.5 lakh shall be paid by the corporation. However, this will not preclude Adhilakshmi and other legal heirs to claim the balance ₹2.5 lakh, if they are able to establish that there is no delay on their part in claiming the amount.”
The court further made it clear that the compensation must be remitted to the accounts of legal heirs of the deceased, within two months by RTGS/NEFT, to avoid payment of any commission that may be said to have been taken by the officials, on realisation of the amount.
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