Chhattisgarh High Court orders ₹4 lakh compensation for storm-related tree fall death
Digital Desk
The Chhattisgarh High Court has ruled that a person who dies after falling from a tree during a storm qualifies as a natural disaster victim and directed the state to pay ₹4 lakh compensation.
In a significant ruling on disaster relief compensation, the Chhattisgarh High Court has held that a person who dies after falling from a tree during a storm or severe weather conditions is entitled to compensation under the state's natural disaster relief policy.
Setting aside an order of the Revenue Department that had denied relief, the court directed the state government to pay an ex gratia compensation of ₹4 lakh to the deceased's family within 30 days.
The judgment was delivered by Justice Sanjay K. Agrawal of the Chhattisgarh High Court in a case arising from Mohla area of Rajnandgaon district.
Family Challenged Rejection of Compensation
The case was filed by Amar Singh, whose father, Shyamuram Mandavi, died on July 16, 2020, while collecting lac from a tree.
According to the petition, Shyamuram was working atop the tree when a sudden storm, accompanied by heavy rain and strong winds, caused him to lose balance and fall. He sustained fatal injuries in the accident.
Following the incident, police completed all legal formalities, including the inquest and post-mortem examination.
Revenue Department Had Denied Relief
Amar Singh later applied for compensation under the state's natural disaster relief policy, seeking the prescribed assistance of ₹4 lakh.
Based on the inquiry, the Naib Tehsildar recommended that compensation be granted. However, the Additional Collector rejected the claim on February 1, 2021, stating that death caused by falling from a tree was not covered under the Revenue Book Circular (RBC) provisions governing natural disaster relief.
The rejection prompted the petitioner to approach the High Court.
Court Interprets Disaster Relief Policy
During the hearing, the High Court referred to Clause 6 of the Revenue Book Circular (RBC) issued on June 9, 2015.
The court observed that deaths resulting from natural events such as storms, cyclones, floods and similar adverse weather conditions qualify as deaths caused by natural disasters. Therefore, relief cannot be denied merely because the immediate cause of death was a fall from a tree if the fall itself resulted from severe weather.
Justice Agrawal held that Shyamuram Mandavi's death was not an ordinary accident but occurred directly because of the storm and heavy rainfall, bringing it within the ambit of the state's disaster relief policy.
High Court Orders Compensation
Quashing the Additional Collector's order, the High Court directed the Chhattisgarh government to release ₹4 lakh as ex gratia assistance to the deceased's son within 30 days.
The ruling is expected to provide clarity in similar cases where fatalities occur due to the indirect effects of natural calamities, ensuring that affected families are not denied compensation solely because of the immediate manner in which the death occurred.
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Chhattisgarh High Court orders ₹4 lakh compensation for storm-related tree fall death
Digital Desk
In a significant ruling on disaster relief compensation, the Chhattisgarh High Court has held that a person who dies after falling from a tree during a storm or severe weather conditions is entitled to compensation under the state's natural disaster relief policy.
Setting aside an order of the Revenue Department that had denied relief, the court directed the state government to pay an ex gratia compensation of ₹4 lakh to the deceased's family within 30 days.
The judgment was delivered by Justice Sanjay K. Agrawal of the Chhattisgarh High Court in a case arising from Mohla area of Rajnandgaon district.
Family Challenged Rejection of Compensation
The case was filed by Amar Singh, whose father, Shyamuram Mandavi, died on July 16, 2020, while collecting lac from a tree.
According to the petition, Shyamuram was working atop the tree when a sudden storm, accompanied by heavy rain and strong winds, caused him to lose balance and fall. He sustained fatal injuries in the accident.
Following the incident, police completed all legal formalities, including the inquest and post-mortem examination.
Revenue Department Had Denied Relief
Amar Singh later applied for compensation under the state's natural disaster relief policy, seeking the prescribed assistance of ₹4 lakh.
Based on the inquiry, the Naib Tehsildar recommended that compensation be granted. However, the Additional Collector rejected the claim on February 1, 2021, stating that death caused by falling from a tree was not covered under the Revenue Book Circular (RBC) provisions governing natural disaster relief.
The rejection prompted the petitioner to approach the High Court.
Court Interprets Disaster Relief Policy
During the hearing, the High Court referred to Clause 6 of the Revenue Book Circular (RBC) issued on June 9, 2015.
The court observed that deaths resulting from natural events such as storms, cyclones, floods and similar adverse weather conditions qualify as deaths caused by natural disasters. Therefore, relief cannot be denied merely because the immediate cause of death was a fall from a tree if the fall itself resulted from severe weather.
Justice Agrawal held that Shyamuram Mandavi's death was not an ordinary accident but occurred directly because of the storm and heavy rainfall, bringing it within the ambit of the state's disaster relief policy.
High Court Orders Compensation
Quashing the Additional Collector's order, the High Court directed the Chhattisgarh government to release ₹4 lakh as ex gratia assistance to the deceased's son within 30 days.
The ruling is expected to provide clarity in similar cases where fatalities occur due to the indirect effects of natural calamities, ensuring that affected families are not denied compensation solely because of the immediate manner in which the death occurred.
