State to pay ₹2-lakh ex gratia to kin of woman who died in flex board collapse

The Madurai Bench of the Madras High Court has directed the State government to give ₹2 lakh as ex gratia from the Chief Minister’s Relief Fund to the family of a woman who sustained serious injuries and died after a flex board erected on the road margin fell on her at Mettupatti bus stop in Orathanadu taluk in Thanjavur district in 2021.

The court was hearing the petition filed by M. Samikkannu of Pilaviduthi in Pudukkottai district, a differently abled person, who said in April 2021, his wife Vijayarani visited her brother’s house to attend a condolence meeting. When she was on her way back home riding pillion on a bike, a flex board that had been erected on the road margin fell on her.

He said Vijayarani suffered grievous head injuries. She was rushed to Thanjavur Medical College Hospital, where she died the next day.

The petitioner said the authorities were responsible for his wife’s death due to the negligent act and sought action against the officials and appropriate compensation from the State.

Justice G.K. Ilanthiraiyan took note of the fact that an FIR was registered against one M. Ravichandhiran. Following the demise of his father, Ravichandhiran erected a ‘Kanneer Anjali‘ flex board. The police, after completing the investigation, filed a final report and it was taken cognisance by the trial court.

Unfortunately, due to heavy wind, the flex board fell on the petitioner’s wife and she sustained grievous injuries. Though she was taken to the hospital, she succumbed to the injuries, the court said.

The District Collector was the competent authority under Rule 7 of the Tamil Nadu Local Bodies (Permission for Erection of Digital Banners and Placards) Rules, 2011, to confiscate or remove any digital banners or placards erected without permission and recover the cost of removal from the person who had erected it, the court observed.

The flex board erected was not permanent in nature. Immediately, after the demise of his father, Ravichandhiran erected the flex board without obtaining any permission or licence from the competent authority. There was no possibility for the Collector to conduct inspection, the court observed.

There was no negligence on the part of the Collector and the authorities were not liable to pay any compensation to the petitioner. However, considering the facts and circumstances, the court said, an ex gratia amount could be paid to the petitioner as compensation.