| SooperKanoon Citation | sooperkanoon.com/1186785 |
| Court | Chennai Madurai High Court |
| Decided On | Nov-28-2016 |
| Case Number | W.P (MD) No. 8777 of 2014 |
| Judge | S. Nagamuthu &Amp; M.V. Muralidaran |
| Appellant | R. Shanmugam |
| Respondent | The Union of India Rep By The Secretary Department of Industry and Commerce New Delhi and Others |
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct enquiry under section 9-A of the explosives act consequently direct the respondents 1 2 4 5 7 and 8 to pay compensation of Rs.30 00 000/- to the persons who lost their life in the accident happened Dhanalakshmi fire works Rs.15 00 000/- to the persons who lost their expenses incurred by them and Rs. 10 00 000/- to the persons who sustained simple injury in the accident.)
Order:
S. Nagamuthu,J.
1. This writ petition has been filed seeking a direction to the respondents to pay the compensation to the legal heirs of the victims, who lost their lives in the explosives factory at Olugacheri Village in Thanjavur District.
2. Earlier, when the writ petition came up for hearing before this Court on 26.10.2016, we passed the following order:
This writ petition has been filed seeking compensation to the tune of Rs.30 lakhs per head to the families of the victims numbering 10, who lost their lives in the licensed factory under the Explosives Rules. Most of the victims are young children, who were engaged by the respondents 11 to 13. Though the case was registered on 01.11.2013, the investigation, according to the respondent police, took three years to get completed. After this Court issued directions on 25.10.2016, for the appearance of the police and to state about the stage of investigation, today, (26.10.2016), it is reported to this Court that opinion was obtained from the Additional Public Prosecutor and final report was filed in a hurried manner before the Court and the Judicial Magistrate has taken cognizance.
2. We are informed that for the dependants of three victims, some amount has been paid as a relief fund under some scheme. But no amount has been paid as compensation to the victims as per the scheme floated by the Government under Section 357(A) of the Code of Criminal Procedure. These victims are entitled for an interim compensation of Rs.3 lakhs (Rupees three lakhs only) each. Therefore, we direct the respondents 5, 8 and the Superintendent of Police to take immediate steps to pay Rs.3 lakhs as compensation for the dependants of each one, who died in the said accident and the said sum shall be paid on or before 25.11.2016 and the same shall be reported to this Court 28.11.2016.
3. It is made clear that this order shall not include the dependants of one of the deceased by name Vanitha. If any amount is to be paid to the family members of the victims either on account of insurance coverage or under the Workmen Compensation Act, that amount could be recovered to the Government Exchequer.
Post the matter on 28.11.2016.
3. Today, when the matter was taken up, the learned Special Government Pleader submitted that the District Collector, Thanjavur, by proceedings in R.C.C4/52589/2013 dated 26.11.2016, has authorised the Superintendent of Police, Thanjavur to disburse Rs.23,92,500/- to the legal heirs of the victims as detailed in the following column:
| Sl.No | Name of the deceased | Heirs of the deceased with relationship intended for compensation | Compensation as ordered under section 357(A) Cr.P.C. | Relief amount already sanctioned and paid | Net amount sanctioned col. (4) (5) |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1 | Ranjithkumar S/o.Shanmugam | Thiru.Shanmugam (Father) S/o.Ramasamy, Keelatheru, Olugacheri | 3,00,000 | 0 | 3,00,000/- |
| 2 | Venkatesan S/o.Balakrishnan | Thiru.Balakrishnan (Father) Keelatheru, Olugacheri | 3,00,000 | 0 | 3,00,000 |
| 3 | Anand S/o.Selvakumar | Tmt.Chitra (Mother) W/o.Selvakumar Keelatheru, Olugacheri | 3,00,000 | 0 | 3,00,000 |
| 4 | Aravind S/o.Selvakumar | Tmt.Chitra (Mother) W/o.Selvakumar Keelatheru, Olugacheri | 3,00,000 | 0 | 3,00,000 |
| 5 | Anandanayaki D/o.Chinnadurai | Tmt.Sakunthala (Mother) W/o.Chinnadurai Keelatheru, Olugacheri | 3,00,000 | 0 | 3,00,000 |
| 6 | Vanitha W/o.Arivalagan | Thiru.Arivalagan, (Husband) S/o.Balakrishnan, Pudhutheru, Olugacheri | 3,00,000 | 1,02,500 | 1,97,500 |
| 7 | Rajkumar S/o.Ramesh | Thiru.Ramesh (Father) S/o.Sammandam, Keelapuliyanthoppu, Thirubuvanam | 3,00,000 | 0 | 3,00,000 |
| 8 | Sridhar S/o.Venkatachalam | Tmt.Karpagam (Wife) W/o.Sridhar Keelapuliyanthoppu | 3,00,000 | 1,02,500 | 1,97,500 |
| 9 | Mugesh S/o.Chinnasamy | Thiru.Chinnasamy (Father) S/o.Ganapathi, Valluvar Street, Kangeyampettai | 3,00,000 | 1,02,500 | 1,97,500 |
| 27,00,000 | 3,07,500 | 23,92,500 |