HC upholds Rs 1 lakh compensation for man who fell in drain

KOCHI: The Kerala High Court on Wednesday upheld the order of the Ombudsman for Local-Self Government institutions directing the Kochi Corporation to pay a compensation of Rs 1 lakh to a person who fell into an open drain and sustained injuries.

The court issued the order while dismissing a petition filed by the corporation seeking to quash the Ombudsman’s order. According to the corporation, Richard Mendus, the victim, is a physically challenged person. The accident took place owing to his physical disability. Hence, the corporation has no responsibility in the accident, the civic body argued.

In the counter-affidavit, Mendus pointed out that the corporation had an obligation to cover the drain. The court observed that the order was passed by the Ombudsman after taking into account all legal circumstances. Therefore, the corporation had not made out any case warranting interference in the case. The court further said the Ombudsman had found that the mandate under Section 30 of the Kerala Municipality Act was not undertaken by the Corporation and it didn’t maintain the drain in proper condition.