Can Draw Analogy From Motor Vehicles Act To Calculate Compensation To Victims Of Vadodara Boat Capsize Incident: Gujarat High Court

While hearing a plea concerning the January 18 Harni Lake boat capsize incident in Vadodara, the Gujarat High Court on Friday (November 29) said that the compensation to the victims and their kin can be computed by drawing analogy from the principles enshrined under the Motor Vehicles Act. During the hearing a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted the applicability of these principles to assess damages for the deceased and injured victims and also referred to the Supreme's Court's judgment in Sarla Verma & Ors. vs Delhi Transport Corp. & Anr on the issue. The High Court was hearing a suo motu Public Interest Litigation (PIL) pertaining to the incident, and where the victims had moved an application seeking compensation from the contractor firm M/s Kotia Projects, for their negligence in running the project, which led to the fatal accident. Taking note of the Vadodara Collector's report on details of the victims and their kin, the court said that the assessment of compensation would focus solely on the contractor firm's liability for damages, adding that it is not concerned with the internal disputes within the firm. It further asked the Collector, Vadodara to nominate an officer of the rank of Deputy Collector, to calculate the compensation as per the principles under the Motor Vehicles Act after hearing the victims as well as the contractor firm. During the hearing Advocate General Kamal Trivedi appearing for the State submitted that the Court can take reference from the Morbi matter, where company was held liable and that kind of scheme may be thought of in this matter.The bench then orally said, “These are young students only, the principles of payment of compensation under Motor Vehicle Act can be...analogy can be drawn from there and compensation can be determined by the Collector. Principles are there, according to death, according to age and all factors, compensation can be determined.”The high court further orally observed that it can ask the Collector to nominate an officer who will determine compensation after giving opportunity of hearing to all individual like a parent of the deceased child and the contractor as in Motor Vehicle Act they are entitled to a hearing. The court then orally said that it is proposing to draw an analogy from the principles of Motor Vehicle Act to decide the compensation.The Counsel appearing for certain victims submitted that the affidavit filed by one of the victims has two prayers. He said that one pertains to just and fair compensation in consonance with the law laid down in Sarla Verma & Ors vs The Delhi Transport Corp. & Anr.; the second aspect pertains to exemplary damages. He said that he is seeking exemplary damages as an "extraordinary relief". The court however orally said that it cannot exercise its powers for exemplary damages and that the counsel has to avail this legal remedy before the concerned court. It said that exemplary damages would be sought from a private person which would require determination of fault, comparison and evidence would have to be led, which the High Court would not be able to.Meanwhile the victim's counsel submitted that he would like to place certain judgements before the court on the aspect of infringement of fundamental right under Article 21 of the Constitution. To this the high court orally said, “Who violated your fundamental right? You went on an excursion, correct? Now, the parents who are before us they permitted their children to go on an excursion, correct? They went on an excursion in a scheme, in a like policy of the school. They were not alone; they went with their teachers. There was some mistake in the assessment on the part of the teacher and this incident happened, correct? We are so far as the…this contractor is concerned, we are only, we have impleaded him only because of the fault lies on the part of the contractor in running the project. So, he is liable to pay damages for the fault which we can compute. We can ask the collector to compute damages for the fault of the contractor because of whom this incident had occurred. As by drawing analogy from the Motor Accident claim act, that, what would be the life of the child, there are parameters given there. So far as exemplary damage part is concerned for that the court would be required to (hear) both sides. See, hearing is not for one side. Hearing is always for both sides. So, evidence is to be collected, hearing is to be given and that is not possible in this PIL or in 226 (Petition under Article 226 of the Constitution of India). We can leave it open for you to approach any court of law.”The Counsel then submitted that he has taken up this issue and prayed before the Supreme Court and requested to refer to judgements to decide the issue of exemplary damages.The Court then orally said, “Mr Counsel the Apex Court has said go back to the High Court and ask. Apex Court has not said that the High Court has to give you...

Can Draw Analogy From Motor Vehicles Act To Calculate Compensation To Victims Of Vadodara Boat Capsize Incident: Gujarat High Court

Lovina B Thakkar

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