HC directs State to pay compensation to youth who lost vision in right eye
The Madurai Bench of the Madras High Court has directed Madurai Collector to pay compensation of ₹12.50 lakh to the family of a youth who lost vision in his right eye when he was hit with the lathi by a policeman who attempted to stop his motorcycle during a vehicle check.
The court was hearing a petition filed by N. Latha, mother of Premnath who lost vision in his right eye. In 2016, Premnath, then aged 17, was riding a motorcycle on Samayanallur-Vilangudi Road with two others riding pillion.
They were not wearing helmets. A policeman on duty made an attempt to stop the motorcycle with the lathi, and in the melee Premnath was hit and fell down. He suffered an injury in his right eye.
He was examined at Aravind Eye Hospital and Glaucomatous Optic Atrophy was confirmed. The petitioner said her son’s academic life was affected and sought a compensation of ₹30 lakh.
The State submitted that the petitioner’s son was riding the motorcycle without a licence. Being a minor, he should not have been allowed to ride the motorcycle. An inquiry into the incident held that the Vehicle Checking Unit was not responsible for the injury sustained by the petitioner’s son.
Justice C. Saravanan observed that the opinion of Government Rajaji Hospital indicated Absolute Glaucoma Complete Blindness in the right eye of the petitioner’s son.
The court observed that the petitioner’s son ought not to have been allowed to ride a two-wheeler. He was at fault. At the same time, there was also no justification for the injury caused to him.
The court was inclined to award ₹12.50 lakh as compensation to the petitioner’s son for the injury caused to him. The policeman acted within his duty although in excess and should not be penalised, the court observed and directed that the compensation should be paid in six weeks.
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