The Hindu : Tamil Nadu News : Court upholds tribunal order awarding compensation to temple

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Wednesday, Jun 27, 2007
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Tamil Nadu

Tamil Nadu

Court upholds tribunal order awarding compensation to temple

Special Correspondent

The matter related to an accident in October 1996

The temple elephant was knocked down by a State Transport Corporation bus

CHENNAI: A Motor Accidents Claims Tribunal order, awarding Rs. 4.5 lakh as compensation to Sri Pataleeswarar Devasthanam in Cuddalore for the death of its temple elephant in a road accident, has been upheld by the Madras High Court.

Justice N. Paul Vasanthakumar, passing orders on the civil miscellaneous appeal filed by the managing director of the Villupuram Division of the Tamil Nadu State Transport Corporation, said the Tribunal was constrained to award Rs. 4.5 lakh as there was no concrete evidence produced by the transport corporation to show the value of the animal.

The matter related to an accident in October 1996, when the temple elephant was knocked down by a State Transport Corporation bus, which was being “driven in a rash and negligent manner.” The temple management claimed compensation on the ground that the elephant had become a part of the temple and was invaluable. It said the temple had suffered reduction in the collection of offerings, leading to loss of income to the temple.

The Tribunal, finding that the bus was driven in a rash and negligent manner, fixed the liability on the transport corporation and ordered Rs. 4.5 lakh as compensation. While Rs. 4 lakh would be the value of the animal, Rs. 50,000 was towards the loss sustained by the temple.

The transport corporation’s appeal against the ruling was dismissed by Mr. Justice Paul Vasanthakumar in view of the absence of any contra evidence to show that the value assessed by the Tribunal was excessive.

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