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This is an archive article published on January 29, 2009

Five years after daughter’s death,court gives family compensation

More than five years after Madhu Gandhi,a Bhavani Peth resident,died after a flower pot fell on her head leading to heavy internal bleeding,her family has been able to book the owner of the flower pot for negligence.

More than five years after Madhu Gandhi,a Bhavani Peth resident,died after a flower pot fell on her head leading to heavy internal bleeding,her family has been able to book the owner of the flower pot for negligence.

The family has been able to prove that the owner was negligent in placing the pot in a hazardous manner. It has also been able to book Tulsiani Estate housing Soceity in Bhavani Peth. In a recent decision,a city court has awarded a compensation of Rs 2 lakh to Gandhi’s mother Vimala.

Shirish Shinde,advocate for the Gandhis said that the judgement has brought some relief to the family,especially since Valiramani was acquitted by the criminal case for the same case in January last year.

In June 2003,Madhu,then 21,stepped out at about 5 pm,after the first burst of rains,when an earthern flowerpot fell on her head. “Valiramani had kept five-six earthern flower pots on a slope in a common area,and they were supported by a string. Because of the rains and the wind,one of the pots fell on Madhu. But these pots should not have been there at all in the first place. The society should have prevented this,” said Shinde.

In its ruling,the court said that the projection wall of the ventilator has a slope from inside to outside. “Nothing can be kept on the wall of the ventilator. The defendant had kept the earthen flowerpots on the unsafe and dangerous projection wall of the ventilator.”

Six months after Madhu’s death,the family moved out of the flat. The family had asked for a compensation of Rs 5 lakh on the grounds that Madhu was a teacher in a primary school,who also took tuitions.


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