Madras High Court orders Rs. 5 lakh compensation for 12-year-old victim of firecracker explosion, takes note of frequent mishaps in Virudhunagar

The Madras High Court recently ordered the award for Rs 5 lakh as compensation for the injuries incurred by a 12-year-old boy, who was left in a vegetative state and with over 50 percent burn injuries after illegal firecrackers strewn over an area where he was playing, exploded (Jeyarani v. The Chief Secretary / The Chief Minister Special Cell and ors). .The boy was almost half-dead, Justice N Anand Venkatesh observed, calling for an expansive interpretation of the scope of the Chief Minister's Relief Fund and ordered the payment of compensation from this fund. The judge clarified that the case should not be treated as a precedent. .In doing so, the Court also lamented the frequency of such mishaps in Virudhunagar district. .While taking judicial notice of the same, Justice Venkatesh highlighted that there was a tendency for people to forget about such incidents after the initial excitement dies and compensation is paid to the injured or the deceased. ."This Court can take judicial notice of the fact that frequent accidents due to explosion from illegal fire cracker units takes place at Virudhunagar District. On all such occasions, the Government pays some compensation for the deceased as well as the injured ... There is always an excitement when such incidents happen and ultimately, everybody forgets about it till the next incident takes place. We are living in an era where short memory is the order of the day. Virudhunagar District is no exception to this norm and every time a huge fire accident takes place in an illegal fire cracker unit, compensation is paid to the deceased and injured and thereafter, everybody forgets it," the order stated..The Court further mused that it is not known whether cases involving the illegal fire crackers are ultimately taken to its logical end..Notably, the High Court also acknowledged that such compensation cases ordinarily go before a civil court. The judge observed that the High Court does not usually exercise its writ jurisdiction where there are disputed questions of fact. The police investigation in the matter was also pending..All the same, the Court pointed out that it was not disputed that the minor victim in this case had sustained burn injuries due to the explosion of illegal crackers.."The fact that this happened in Virudhunagar District makes it almost certain that this is yet another case of explosion that had taken place due to some illegal fire cracker unit, which had strewn the crackers around the place," the Court added. .The Court was hearing a petition moved by the mother of the victim, who informed the Court that the boy was virtually in a vegetative state and that plastic surgery would have to be performed on the burn injuries throughout his body. There were serious burns over the face, neck, upper torso and the entire lower part of the body, the Court took on record. .In 2019, the Tahsildar had conducted an enquiry and recommended grant of compensation from the Chief Minister's Relief Fund. However, the Chief Secretary, Chief Minister Special Cell concluded that compensation cannot be paid from the Fund as this case did not fall strictly within its perimeters. .The Court, however, ordered payment of Rs 5 lakh as compensation from the Chief Minister's fund within six weeks from the date of receiving a copy of the order. ."It is made clear that this order should not be taken as a precedent in all other cases ... the direction issued by this Court is based on the peculiar facts of the present case, where this Court found that there was no serious dispute in the manner in which the petitioner's son sustained grevious injuries," the Court added. .Advocate Mariappan appeared for the petitioner, government advocate M Lingadurai appeared for various authorities, and advocate Maria Vinola appeared for another respondent.