CW-2010-0033Erode, Tamil NaduJudgment 3 September 2010

The Secretary, Home Department and Others vs Damayanthi and Others

Undertrial Jambu @ a Bhavani man (prisoner No.6030, Central Prison Coimbatore) was being escorted back from the JM Court, Bhavani on 7.4.1998 when armed miscreants dragged him from town bus route No.83 at Bhavani Flower Bazaar Junction and murdered him. His family sued for damages alleging negligence of the two Armed Reserve escorts, and the trial court decreed Rs.1 lakh with 7.5% interest against the State and both constables jointly and severally. The Court held an undertrial must be presumed innocent and the State vicariously liable for death caused by the carelessness and negligence of the two named escorts. It dismissed the State's appeal with Rs.10,000 costs, enhancing interest to 12% per annum.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 3 September 2010 in A.S. No.512 of 2010 and M.P. No.1 of 2010 (against O.S. No.35 of 2004, FTC-IV Bhavani), the Madras High Court (Coram: K. Chandru, J.) returned findings adverse to 2 police personnel, namely: Armed Reserve Constable, Armed Reserve Police, II Platoon, Erode; Armed Reserve Constable, Armed Reserve Police, II Platoon, Erode, and directed payment of compensation of Rs 1 lakh (Rs 1,00,000).

Register number
TN 28 CW 0002
Case reference
A.S. No.512 of 2010 and M.P. No.1 of 2010 (against O.S. No.35 of 2004, FTC-IV Bhavani)
Court and date
Madras High Court (Coram: K. Chandru, J.), 3 September 2010
Officer(s) at the material time
Armed Reserve Constable, Armed Reserve Police, II Platoon, Erode; Armed Reserve Constable, Armed Reserve Police, II Platoon, Erode
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 96 of the Code of Civil Procedure, 1908; Article 21 of the Constitution of India
Finding of the Court (extract)
“Even otherwise, the State having failed to secure the life of the deceased had become vicariously liable for his death which had occurred due to the carelessness and negligence on the part of the two armed escorts, i.e. respondents 5 …” (at para 20)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1 lakh (Rs 1,00,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Madras High Court judgment dated 3 September 2010 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“Even otherwise, the State having failed to secure the life of the deceased had become vicariously liable for his death which had occurred due to the carelessness and negligence on the part of the two armed escorts, i.e. respondents 5 …” (para 20)

Institutional response

1
3 Sep 2010

Order issued

Concluded
Madras High Court External · Binding

The Madras High Court recorded adverse findings against police personnel and ordered Rs 100,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: A.S. No.512 of 2010 and M.P. No.1 of 2010 (against O.S. No.35 of 2004, FTC-IV Bhavani)
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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