Death due to tree fall

 

(Querist)
15 June 2018

Dear sir,

My neighbour was recently pass away due to tree fall on him when he ate a Panipuri at panipurivala near public road of Gujarat state. Is his legal heair eligible for compensation? Kindly suggest the legal remedies available to his legal heair of deceased under Gujarat state law or any compensation policy... thanks in advance


Ms.Usha Kapoor (Expert)
16 June 2018

Municipal Corporation has to pay compensation.Click the below given link for further information(SC Judgment) on this issue
https://sci.gov.in/jonew/judis/14500.pdf.

R.Ramachandran (Expert)
16 June 2018

As per the decision cited by Ms. Usha Kapoor, the Municipal Corporation is not liable.
However, the said decision is a good reading material to know the various circumstances, and where the liability will arise and where it would not.


Municipal Corporation is not liable to pay even a single penny, as compensation.

Ms.Usha Kapoor (Expert)
16 June 2018

#We all know roads inj charge is tMunicipal corporation.Referbthe following link.



THANE: The family of advocate Kishore Pawar who died in a tree collapse incident during the July rains is likely to get monetary compensation from the municipal corporation. A proposal to this effect has been moved before the general body, a meeting for which has been scheduled next week.
While the administration hasn’t spelt out the quantum of compensation that would be awarded to the family, it is unlikely the wife of the deceased advocate could be absorbed within the corporation as was being demanded by activists and elected representatives.

Click the following link for further information on this issue.

https://timesofindia.indiatimes.com/city/thane/kin-of-man-who-died-in-tree-fall-incident-to-get-compensation/articleshow/60987372.cms

Sudhir Kumar (Expert)
16 June 2018

to whom the tree belong. how did it fall.

Ms.Usha Kapoor (Expert)
16 June 2018

when within organization premises a tree fell on the employee the state was held liable to pay compensation along with consequential benefits Pension,earned leave PF< gratuity Job to one family member on compassionate grounds.Click the following link for further information on this issue.
https://indiankanoon.org/doc/1975176/?type=print

Ms.Usha Kapoor (Expert)
16 June 2018

Where is your husband victim working? iF HE IS WORKING IN A GOVT ORGANIZATION HE CAN GET AlL THE C9ONSEQUENTIAL BENEFITS SUCH AS PENSION.,PF and Gratuity, Earned leave etc.One of his defendants would be considered for appointment in the organization on compassionate grounds.

Sudhir Kumar (Expert)
16 June 2018

let the querist share the facts

N.J.S.Rajkumar alias narasimha (Expert)
16 June 2018

Public authorities can not escape liability

N.J.S.Rajkumar alias narasimha (Expert)
16 June 2018

The concerned authorities has the responsibilities to provide amenities , services and safety. When they neglect this duty resulting in death or injury they would be held responsible and can be held responsible and accountable under the legal principle of vicarious liability.

N.J.S.Rajkumar alias narasimha (Expert)
16 June 2018

The Claims/damages could be claimed by filing a writ petition in high court invoking the discretionary powers under Article 226 of the constitution.

N.J.S.Rajkumar alias narasimha (Expert)
16 June 2018

Discuss with your local Advocate.


Vague query can get only irrelevant responses, if you don't discuss the real cause behind the tree fall.

Question arises, who made the tree fall, whether the Municipal Corporation or some other public body, or the fierce nature/ natural calamity?


Vague query can get only irrelevant responses, if you don't discuss the real cause behind the tree fall.

Question arises, who made the tree fall, whether the Municipal Corporation or some other public body, or the fierce nature/ natural calamity?

N.J.S.Rajkumar alias narasimha (Expert)
16 June 2018

Dear Querist , Even in the case of Natural Calamity the concerned Authorities are supposed to have taken pre cautionary Steps.

Ms.Usha Kapoor (Expert)
17 June 2018

I stick to my above views./

Ms.Usha Kapoor (Expert)
17 June 2018

I stick to my above views.

Surrender K Singal (Expert)
17 June 2018

Law of Torts provides for such eventualities

rajeev sharma (Expert)
18 June 2018

Discussion on this point is going on because our law does not recognize the liability for a tortuous act. All these liabilities were classified either under the contract ACt or under IPC. This was intentional by the British rulers so that mat they may escape liabilities of their wrongful act. These colonel laws are still in vogue hence this discussion. just file a writ asking for compensation from municipal authority.social forestry department and the state government. And if you want an early and good result somehow make media publish/ broadcast this matter.

Surrender K Singal (Expert)
18 June 2018

Practical opinion by expert RS

Ritesh Rathod (Querist)
22 June 2018

Tree was near the public road...it was not a private property of any body.. and tree was dead....and deceased person was eating panipuri and tree was falled on him...

Ritesh Rathod (Querist)
22 June 2018

Tree was near the public road...it was not a private property of any body.. and tree was dead....and deceased person was eating panipuri and tree was falled on him...



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