Writ compensation for death caused by an uncovered sewerage tank was upheld despite objections on negligence proof.

Writ compensation under Article 226 was held available where a child died after falling into an uncovered sewerage tank, and the refusal to grant relief on the ground that negligence could not be identified in writ proceedings was found unjustified. The Court accepted that, on the facts, monetary compensation could be directed in the writ petition itself. Relief was therefore granted against the State, with liberty to recover the amount from the responsible authority or persons in accordance with law.

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Issues: Whether compensation could be granted in writ jurisdiction under Article 226 of the Constitution of India for the death of a child caused by an uncovered sewerage tank, and whether the High Court was right in declining relief.

Analysis: The claim arose from a fatal accident caused by an open sewerage tank. The writ petition sought mandamus for monetary compensation. The refusal by the High Court rested on the view that negligence of the responsible authority could not be identified in writ proceedings. In the facts of the case, the Court found that the denial of relief was not justified and that compensation could be directed in the writ petition itself.

Conclusion: The High Court judgment was set aside and compensation of Rs. 50,000 with interest at 12% per annum from 1 January 1990 until payment was directed to be paid by the State of Tamil Nadu, with liberty to recover the amount from the responsible authority or persons in accordance with law.

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