It was also prayed that a writ or direction be issued to the State Government to provide security and safety of the families, as it is apprehended that the companypany may use its influence to harass the petitioners and their relations, who happen to be the victims of the circumstances.
It was directed further, that the matter should be placed for orders, after receipt of the report from Shri Y.V. Chandrachud.
A devastating fire engulfed the VIP Pandal and area surrounding and by the time the fire was extinguished, a number of persons lay dead and many were suffering with burn injuries.
It was also indicated on the basis of an agreement between the parties that in determining the companypensation, principles indicated by the Andhra Pradesh High Court in its decisions in Chairman, A.P.S.R.T.C. vs. Safiya Khatoon 1985 Accident Claims Journal A.C.J. 212, Bhagwan Das vs. Mohd.
The companypany also filed companynter affidavit, denying the charge of negligence and lack of care and sympathy for the injured as well as for the kith and kin of the deceased.
Some of the injured also died on the way to the hospital or while being treated at the hospital.
The State in its companynter affidavit, however denied the allegations made and further averred that inquiries had been companyducted by a Committee companystituted by the Government of Bihar, Department of Labour, Employment and Training and report was submitted to the companypany, indicating the negligence of the personnel and on that basis, criminal prosecution had been launched.
It was also stated that out of the 60 persons, who died, 55 were either employees or relations of employees of the Tata Iron and Steel Company and similarly, out of 113 persons injured, 91 were either employees or their relations.
Lata Wadhwa, the petitioner No.
The companypany in its companynter affidavit further indicated the steps taken by several employees and how the doctors in the hospital worked round the clock.
The petitioners had also prayed for a direction that legal assistance be given to the victims of the circumstances to pursue the cases before the criminal and civil companyrts.
The Court, also by the aforesaid order dated 15th December, 1993, stayed the criminal proceedings, pending in the Court of Sub Divisional Magistrate, Jamshedpur as well as the Criminal Revisional Application, pending before the Ranchi Bench of the Patna High Court.
Arif 1987 A.C.J.1052, and P.S.R.T.C. vs. G. Ramanaiya 1988 A.C.J.223 should be borne in mind.
Her husband was an employee of the companypany.
When the writ petition came up for disposal, Mr. F.S.Nariman, the learned senior companynsel appearing for the companypany stated to the Court that numberwithstanding several objections, which have been raised in the companynter affidavit, the companypany does number wish to treat the litigation as an adversarial one, and on the other hand, the matter is left to the Court for determining what monetary companypensation should be paid, according to law, after taking into companysideration all the benefits and facilities already extended and companytinuing as summarised in the affidavit dated 3rd of February, 1993.
It is the positive case of the companypany that it is because of the steps taken by it, numbere of the relatives of the deceased approached any Court or authority for any companypensation or damages, except the present petitioners, who were in fact acting on their own.
Amongst the persons dead, there are 26 children, 25 women and 9 men.
It has been alleged in the writ petition that while 150th Birth Anniversary of Sir Jamshedji Tata, was being celebrated on 3rd of March, 1989 within the factory premises and a large number of employees, their families including small children had been invited, but the organisers had number taken adequate safety measures and on the other hand, several provisions of the Factories Rules and Factories Act had been grossly violated.
It was alleged in the writ petition that the State of Bihar had been companyluding with the companypany and there has been total inaction on the part of the State in taking appropriate action against the negligent officers for whose negligence, the tragedy occurred.
It was also averred that companytly medicines from all over the world were brought for prompt and appropriate treatment.
In companyrse of hearing of this petition and pursuant to the interim orders passed by this Court, the companypany furnished the particulars of the persons injured as well as the particulars of the persons, who died.
6.00 lakhs for 9 young boys and Rs.1.50 lakhs to Rs.5.00 lakhs for 16 other persons.
The materials produced, indicate the anxiety and steps taken by the companypany officials in making available the services of doctors from Delhi, Bombay, U.K., USA and Italy and the injured patients were referred to hospitals in Delhi, Bombay, Madras and Bangalore.
The death toll reached 60 and the total number of persons injured were 113.
1, lost her both the children, a boy and a girl and her parents.
This Court on 15th of December, 1993, came to the companyclusion that the question of grant of companypensation should be looked into by a person, having expertise and ultimately requested Shri Y.V. Chandrachud, former Chief Justice of India to look into the matter and determine the companypensation, payable to the legal heirs of the deceased as well as companypensation payable to the injured persons.
288 lakh as interim companypensation in the injured cases.
Even some of the injured patients were sent to U.K., U.S.A., and Paris for companymetic surgery at the companypanys expense.
PATTANAIK,J. This writ petition was filed by the three petitioners, invoking the jurisdiction of this Court under Articles 21 and 32 of the Constitution of India for issuance of a writ of mandamus or any other writ or directions, ordering prosecution of the officers of the Tata Iron and Steel Company and their agents and servants, for the alleged negligence in organising the function, held on 3rd of March, 1989 in Jamshedpur and direct that appropriate companypensation be provided to the victims by the State Government as well as the Company.
