1999 elephant attack: Madras HC awards Rs 25 lakh compensation, directs job for TN woman

MADURAI: Three-year-old Sindhu Lakshmi's life turned upside down on October 3, 1999, when she was attacked by a temple elephant and sustained severe injuries on her throat. 

The incident, which occurred at the Samayapuram Mariamman temple, left her permanently disabled with a speech impairment, dependent on an artificial windpipe for breathing and a liquid-only diet for sustenance.

But after nearly 22 years, Sindhu, now a B.E. Computer Science graduate received some relief. The Madurai Bench of Madras High Court recently directed the State government to pay her Rs 25 lakh as compensation within a month and provide her a suitable job in the Hindu Religious and Charitable Endowments (HR and CE) department within two months.

Justice Krishnan Ramasamy, hearing a petition filed by Sindhu last year seeking a compassionate appointment, observed that the term 'life', contained in Article 21 of the Constitution, does not mean mere survival or living an immobile or animal existence. "It is the basic expectation of every human being to live a healthy and active life. If such an expectation is breached due to the negligence of the State or its agencies (or its employees), then it becomes an obligation of the State to do the needful for the restitution of the person," he opined.

"An elephant is a huge animal with a child's mindset and despite its intelligence, needs proper care and caution. This being so, the State should be very cautious when the devotees are visiting the temple with the elephant being there," the judge further pointed out.

The standing counsel of the HR and CE department contended that Sindhu was not attacked by the elephant. She was injured after falling on a garbage vehicle due to the chaos that arose when devotees misunderstood that the elephant had become aggressive, he argued.

But the said explanation was rejected by the judge citing medical records and the fact that the mahout and the district collector visited Sindhu at the hospital after the incident. "If Sindhu sustained injuries on her own, the collector or the mahout would not have visited her," he said. Even otherwise, the State is liable to compensate her for her sufferings, he added.

Expressing that merely providing a compassionate appointment would not be adequate to render justice to Sindhu, he passed the above order.