Court Holds State Authorities Liable for Inadequate Safety Measures Around Hazardous Installation, Directs Compensation Payment to Bereaved Family
In a landmark judgment, the Jammu and Kashmir High Court has directed the state authorities to pay compensation to Arjun Kumar Sharma, whose three minor children tragically drowned in an unfenced forebay tank of the Chenani Hydel Project. The judgment, delivered by Justice Wasim Sadiq Nargal, underscores the responsibility of state authorities to ensure safety around hazardous installations.
The incident, which occurred on June 9, 2008, claimed the lives of Anu Devi (8 years), Preeti Devi (6 years), and Sunil (3 years). The children accidentally slipped into the forebay tank, which was inadequately secured, leading to their untimely death. The court found that the forebay tank, a part of the Chenani Hydel Project in Udhampur, lacked proper fencing and warning mechanisms, constituting a breach of the state's constitutional duty to protect life.
The petitioner, Arjun Kumar Sharma, sought relief under Article 226 of the Constitution, arguing that the negligence of the state authorities amounted to a violation of the fundamental right to life under Article 21. The respondents contended that the incident resulted from parental negligence; however, the court dismissed this argument, emphasizing that minors cannot be held accountable for contributory negligence due to their tender age.
The court applied the doctrine of res ipsa loquitur, which allows for a presumption of negligence when the circumstances clearly indicate a lack of due care. Justice Nargal noted that the presence of only a two-feet high parapet wall around the tank was grossly inadequate to prevent access, especially in a rural area frequented by children and villagers.
In recognition of the state's failure to adopt adequate safety measures, the court awarded a total compensation of ?6,00,000 to the petitioner, allocating Rs. 2,00,000 per deceased child. This compensation aims to provide some solace to the bereaved family, acknowledging the irreplaceable loss they suffered.
Furthermore, the court directed the Chief Secretary of the Union Territory to formulate a comprehensive safety policy for hazardous installations to prevent similar tragedies in the future. This includes ensuring proper fencing, installation of warning signboards, and other necessary precautions.
This judgment sets a significant precedent in holding state authorities accountable for negligence and emphasizes the judiciary's role in upholding the constitutional right to life.
Bottom Line:
Compensation under Article 226 of the Constitution can be awarded for violation of Article 21 due to negligence by State authorities in failing to adopt adequate safety measures around hazardous installations, leading to loss of human life.
Statutory provision(s): Article 21, Article 226 of the Constitution of India
Arjun Kumar Sharma v. State of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2872017
