V. ANANDA KUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The issue involved in these writ appeals are one and the same and as such, they are disposed of by this common judgment. All the parties to the writ petitions viz., victim, State as well as the private respondent, aggrieved over the quantum of compensation fixed by the Writ Court vide common order dtd. 28/7/2017 made in W.P.Nos.6609 to 6640 of 2010, have filed these writ appeals. For the sake of brevity, the array of parties in W.A.No.4013 of 2019 is adopted.

(2.) This is an unfortunate fire accident case, wherein on the fateful date of occurrence on 16/10/2009, on the eve of Diwali Festival, there were festive activities in the town of Pallipat, Thiruvallur District in Tamil Nadu and more than 30 people had been in busy commercial activity of purchasing crackers from the crackers shop located at Door No.94, Sholinghur Road, Pallipet, where a retail / wholesale crackers shop had been located by the third respondent therein/ appellant herein, namely Anandakumar. At about 6.30 p.m. on the said fateful day, a huge explosion followed by heavy fire broken in the entire cracker shop, with the result 32 innocent lives were gutted to flames.

(3.) The State Government, though claimed that it was an accident that took place due to the unlicensed cracker shop run by the appellant in a place belonging to the third respondent herein, namely Jaishankar, and it is not because of any alleged negligent activity on the part of the State or its instrumentalities, as well as officials and staff, had come forward to pay a solatium of Rs.1.00 Lakh each to the next kith and kin of all the 32 victims, from the Chief Minister Relief Fund. Since 27 out of the 32 victims belong to the State of Andhra Pradesh, it is also informed that the State of Andhra Pradesh had paid a sum of Rs.1.00 Lakh as solatium to each of the 27 victims belonging to the said State. Under this background, the legal heirs or next kith and kin of all the 32 victims, after having failed to get any adequate compensation from the State Government, have filed the writ petitions, claiming compensation to the tune of Rs.25.00 Lakhs each.