Madras High Court Orders State To Pay Compensation Of ₹ 25 Lakhs For Custodial Death Of Minor

A Bench of Justice P. Dhanabal followed a method followed by Motor Accident Claims Tribunal cases to calculate the compensation amount.

“Coming to the quantum of compensation, according to the petitioner, her son was working as bockline cleaner and no any document was filed to prove the income of the deceased. However, for deciding the quantum, there is no formula for custodial death. Therefore, this Court safely follows the method adopted in MCOP cases”, the Bench held.

The deceased, was 17 years old and worked as a cleaner in an earthmover vehicle. The police had enquired about a theft complaint in their area, and in 2019, they directed some individuals, including the petitioner and her son, to attend an inquiry. Later, the police entered the petitioner's house without informing them and searched for stolen items. When they found no stolen jewels, they left. After this incident, her son’s cell phone was unreachable.

One day later the deceased called the petitioner but couldn't speak, indicating he was in illegal custody. On the next day the petitioner was asked to bring identity cards and other documents to the police station. It was informed that her son was taken to the Government Rajaji Hospital, Madurai. He was later produced before a Judicial Magistrate and informed about a case registered against him. The petitioner's son was admitted to the hospital with multiple injuries and kidney damage. He died on January 24, 2019.

The petitioner initially filed a writ petition for investigation by the CBCID, leading to a case against police officials under Sections 343 and 304(ii) of IPC. The respondents argued that a case was registered for the death of her son, and the CBCID conducted an investigation. Compensation of Rs. 5,00,000 was awarded as per a government order.

Advocate R. Karunanithi appeared for the Petitioner and Advocate R.M. Anbunithi appeared for the Respondents.

The Court acknowledged that her son died while in police custody, as evidenced by the investigation and final report filed by the CBCID. The Court invoked Article 226 of the Constitution of India to award compensation for the custodial torture by the police. However, the recovery of compensation from the erring officials will be determined based on the outcome of the pending criminal case.

The Court followed a method used in Motor Accident Claims Tribunal cases to calculate the compensation amount. It considered his age (17 years), assumed a monthly income of Rs.15,000, applied a multiplier of 18, and accounted for future prospects at 40%. The calculated, rounded-off compensation amount came to be Rs. 25,00,000, which was awarded to the deceased's family members, specifically the mother and father, with interest at a rate of 6% per annum from the date of the deceased's death.

The Court remarked that the compensation already paid to the mother by the government would be adjusted from her total compensation amount. The Court clarified that it cannot make a decision regarding the recovery of compensation from the erring officials, as the trial was pending.

The Court did not grant the petitioner's request for a government job for her family, stating that it's at the discretion of the first respondent (government) to decide on this matter.

The writ petition was disposed of, and no costs were imposed.

Cause Title: M. Jeya v. The Principal Secretary& Ors.

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