LAWS(APH)-1996-7-98

K YERUKULAMMA SMT Vs. CHAIRMAN VISAKHAPATNAM PORT TRUST

Decided On July 10, 1996
KOLLI TERUKULAMMA Appellant
V/S
CHAIRMAN, VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM Respondents

JUDGEMENT

(1.) Negligence and utter callouseness on the part of employees of the Visakhapatnam Port Trust caused great havoc to certain unfortunate parents and innocent children. 13 school going children became the victims of premature call by Him and 36 children are groaning under severe disabilities.

(2.) The Port Trust is running educational institutions for the benefit of children and dependents of its employees. One high school is situated at Saligrampuram. Preparations were being made by the school children for celebrating the independence day 15th August, 1990. As fate would have it, some of the children left for heavenly abode without even saluting the national flag and some were content with witnessing through their hearts while lying on the hospital beds. The joyous and untiring children unmindful of rain assembled at the school premises on 14th August, 1990 for decorating the building to unfurl the national flag on the next day. As there was heavy rain at 9 a.m. and class rooms were yet to be opened, they were standing in the varandahs. At about 9.30 a.m. there was a sudden collapse of brick columns resulting in the fall of beams and roof slabs of first and second floor. The sudden collapse entrapped the children. The result was instantaneous death for 13 children and multiple injuries to 36 children.

(3.) The news spread like wild fire. The Government of India sprung into action and constituted a fact finding committee. Ex-gratia of Rs.25,000/- was paid to the parents of each child died in the collapse. To some of the disabled children ex-gratia and suitable employment was given. The children who received minor injuries were given Rs.5,000/- ex-gratia. I shall discuss these details at later stage.