Analogy can be drawn with Motor Vehicles Act to calculate compensation to victims of Vadodara boat capsizing incident: Gujarat High Court

While hearing a plea on the Harni Lake boat capsizing incident on January 18 in Vadodara, the Gujarat High Court on Friday (November 29) said that compensation to the victims and their family members can be calculated by making an analogy with the principles enshrined in the Motor Vehicle Law. Act.

During the hearing, a courtroom from the division of Chief Justice Sunita Agarwal and Justice Pranav Trivedi highlighted the applicability of these principles to assess damages to deceased and injured victims and also referred to the Supreme Court ruling in Sarla Verma & Ors. in front of Delhi Transport Corp. and Anr on the topic.

The High Court was hearing a suo motu public interest litigation (PIL) related to the incident, and where the victims had filed an application seeking compensation from the contractor company M/s Kotia Projects, for its negligence in executing the project, which led to the fatal accident.

Taking note of the Vadodara Collector’s report on the details of the victims and their family members, the court said the assessment of compensation would focus solely on the liability of the contracting company for the damages, adding that it was not concerned about internal disputes within the company. He further asked the Vadodara Collector to appoint an officer of the rank of Deputy Collector to calculate the compensation as per the principles of the Motor Vehicles Act after hearing the victims and the contracting company.

During the hearing, Advocate General Kamal Trivedi, appearing for the State, stated that the Court can take reference from the Morbi matter where the company was held liable and that kind of plan can be thought of in this matter.

The court then said orally: “These are just young students, the principles of payment of compensation under the Motor Vehicles Act can be…an analogy can be drawn from there and the compensation can be determined by the Collector. The principles are there, according to the death, according to the age and all the factors, compensation can be determined.”

The high court further orally observed that it can direct the collector to appoint an officer who will determine the compensation after giving an opportunity of hearing to all persons such as the father of the deceased child and the contractor, since in the Motor Vehicles Act They have the right to a hearing.

The court then stated orally that it proposes to draw an analogy with the principles of the Motor Vehicles Act to decide compensation.

Counsel appearing on behalf of certain victims contended that the affidavit filed by one of the victims has two sentences. He said that this is fair and equitable compensation in line with the law established in Sarla Verma & Ors v. Delhi Transport Corp. & Anr.; The second aspect refers to exemplary damages. He said he is seeking exemplary damages as “extraordinary relief.”

However, the court orally said that it cannot exercise its powers to claim exemplary damages and that the lawyer must resort to this legal remedy before the appropriate court.

He said exemplary compensation would be sought from an individual, which would require a determination of fault, and that comparisons and testing would have to be carried out, which the High Court could not do.

Meanwhile, the victim’s lawyer stated that he would like to submit to the court certain judgments on the aspect of violation of fundamental right under Article 21 of the Constitution.

To this the high court said orally: “Who violated your fundamental right? You went on a hike, right? Now, parents before us allowed their children to go on field trips, right? They went on a field trip following a plan, following a policy similar to that of the school. They were not alone; They went to their teachers. There was some error in the assessment by the teacher and this incident occurred, right? We are as far as… this contractor is concerned, we have only reported him only because the fault lies with the contractor in the execution of the project. Therefore, you are obliged to pay compensation for the fault that we can compute. We can ask the collector to calculate damages due to the fault of the contractor due to whom this incident occurred. Following an analogy with the automobile accident claims law, it establishes parameters for what the child’s life would be like. As far as the exemplary damages part is concerned, the court would be obliged to (hear) both sides. Look, the hearing is not for one of the parties. The hearing is always for both parties. Therefore, evidence has to be collected, a hearing has to be held and that is not possible in this PIL nor 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 lawyer then stated that he had taken up this issue and appealed to the Supreme Court and requested to refer to judgments to decide the issue of exemplary compensation.

The Court then said orally: “Mr. Counsel, the Supreme Court has said go back to the High Court and ask. Apex Court has not said that the High Court has to give it everything. So we as the High Court ask you to help us, how can we calculate exemplary damages? Please tell us the parameters. As? We cannot draw an analogy with any trial because that becomes an issue of fact…Sir. The attorney’s issue of fact is not about the incident, it is about the computation of exemplary damages. The word exemplary means that there is no established rule, procedure or parameter. Therefore, it is beyond any procedure, parameter established in any legal provision or any policy that has legislative support. So, that means that the court has to apply its mind to the facts of the case giving opportunity to both parties to present evidence on whether exemplary damages should be awarded or not. So, we are not competent for that.”

As the lawyer referred to disputed factual issues even in the Morbi Bridge case, the high court orally said: “Which was a completely different matter. There the bridge was in fact like… renovated by a defective design, by a defective contractor hired through a guilty person and then the contractor is responsible because he opened the bridge against the provisions of the law, against the instructions of authority, distorting, deceiving. all. That is why we consider him responsible. In this case we do not abandon the contractor either, but in all cases not everything can be done. We think that we are issuing these types of orders taking into account the facts of the case. Here we are also not saying that you are not… entitled to any damages, here we are also saying that there is… there (Morbi Bridge Collapse Case) we have given damages to those… to all those who want. .. any relief that we can have given in those matters is to all those people who are living people, who are deprived of, who are injured physically, mentally and who are deprived of their sustenance, children who are deprived of their parents, family; So, that analogy cannot be established here. Here they are all little children who have died in an accident. Why we say this, the accident may be due to a motor vehicle or the accident has occurred in a boat, motor boat or in a rowboat or a simple boat; but then it is possible for the court to draw an analogy with the principles of compensation. The Motor Vehicles Act also proceeds according to the principle of compensation for damages. Otherwise, for damages you have to go to a Civil Court, for damages you have to go to a Civil Court.”

The Court also said orally that liability for exemplary damages would come only when liability for non-contractual damages was established. The lawyer then stated that he is not pressing liability for non-contractual damages.

After hearing the matter for some time, the high court while passing its order said: “Having heard the learned counsel for the parties and examined the record of the application filed on behalf of the victims for compensation for the costs of damages as a result of the act of the contractor in the execution of the project which resulted in an unfortunate incident of capsizing of a ship in Harni. Lake, Vadodara on 18.01.2024, by order dated 9.8.2024, we have issued notice to the contractor M/s Kotia Projects – respondent no. 4. Mr. PV Khamboja, learned counsel on behalf of respondent no. that there is a conflict between the partners of the firm M/s Kotia Projects, but we clarify that we are not concerned about the issue.

He noted that in accordance with his order of October 18 The Vadodara Collector had completed an investigation to provide the details of the victims i.e. the family members of the deceased and the injured victims. He noted that along with the affidavit, a table has also been submitted showing the details of the family members of the deceased victim and the details of the income of the deceased teachers as well as the injured victim and his current situation.

Later, the court in its order said: “Taking note of the details contained therein, we are of the opinion that the compensation for death and injuries caused due to the accident can be calculated by making an analogy for determining compensation under the Motor Vehicles Act, 1988, taking into account the laid down principles by the Supreme Court in the Sarla Verma & Ors case. v. Delhi Transport Corp. & Anr. To facilitate the process, the Collector must appoint an official to carry out the calculations. Legal aid and process will be provided to the victims upon application to be submitted to the DLSA (District Legal Services Authority), Vadodara, who will provide a lawyer to assist the officer.”

The Court further observed in its order that the contractor company M/s Kotia Projects or its representatives are free to engage their legal representative to present their case before the concerned officer.

The Court said that the official appointed by the Collector will be at the level of Deputy Collector.

“The computation will be made after giving due opportunity to hear both parties applying the principles of computation of compensation in cases of death and injury under the Motor Vehicles Act, 1988. The order of computation will be approved as quickly as possible, preferably within of the 8-week period and will be submitted together with the sworn statement of the concerned official“the court said.

Case Tile: REGESTION OF WATER BODIES SUCH AS RESERVOIRS/PONDS/RIVERS/LAKES IN GUJARAT STATE AND ANR. Facing the STATE OF GUJARAT THROUGH THE DEPARTMENT OF THE INTERIOR SECRETARY AND ORS.