Ms. Harvinder Chaudhary Srivastava vs Union Of India & Ors
- SCC(1996) 8 SCC 80
- Neutral1995 INSC 792
- SCR[1995] Supp (5) SCR 698
Ratio decidendi
The rule this decision rests on
Where a fire occurs in a residential colony causing deaths and injuries, the appropriate government authority may be directed to pay compensation to the victims and legal representatives on the basis of: (a) a fixed amount per death (here Rs. 10,000 per deceased); (b) reimbursement of actual medical expenses incurred for treatment of injuries; and (c) additional amounts for permanent disability and mental agony assessed by the court on the evidence of the extent and nature of injury presented, including photographs.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
O R D E R Jairatum Bibi, wife of Jakim Ansari, residing in No.57, Sanjay Amar Colony is the legal representative of Saidur and Rabia. Delhi Administration has no objection to pay Rs.10,000/- towards compensation for the life of each of the two deceased to the sole legal representative daughter, Jairatun Bibi. They are accordingly directed to pay to her through Ms. Harvinder Chaudhary, counsel appearing for them.
Similarly, Abdul Hasan is one of the persons residing in Amar Colony died in fire. His brother, Mehtab, son of Syed Shekh, now residing in 404, Sanjay Amara Colony is the legal representative of the deceased. Similarly, Delhi Administration is directed to pay Rs.10,000/- to Mehtab towards compensation for the life of the deceased.
Son of Mrs. Bhanu, wife of Sudin Ansari suffered extensive injuries on his person resulting in permanent disability. Mrs. Choudhary has placed on record the photographs to prove the extent of injury suffered by him. We have seen them. Mrs. Bhanu has stated that she spent a sum of Rs.6,000/- towards her son's medical treatment. As reported, he suffered permanent disability of right leg and is able to walk only by limping. Under these circumstances, Delhi Administration is directed Rs.6,000/- towards medical treatment spent by her and a further sum of Rs.6,000/- towards permanent disability, i.e., in total Rs.12,000/-.
Shri Ansari Shekh, son of Kurban Shekh, has a son whose photograph showing that his both the legs have been burnt in the fire, has been placed on record. It is stated that they have spent more than Rs.4,000/- for his treatment. Delhi Administration is directed to pay the total sum of Rs.9,000/-, i.e., Rs.4,000/- towards treatment and Rs.5,000/- towards burn injury suffered by the boy.
Similarly, Ms. Maya Mandal, wife of Madan Mandal resides in C-9c and 58 of the Colony also suffered on both her arms extensive injuries which have been shown in the photograph thereafter produced. She stated that she spent Rs.2,000/- towards her treatment. Delhi Administration is directed to pay Rs.2,000/- towards medical treatment and a sum of Rs.1,000/- for her mental agony, i.e., total sum of Rs.3,000/-.
Similarly, Mrs. Ufradin Bibi, aged about 26 years residing in C-09, 196 Sanjay Amar Colony also suffered injury and her right hand has been burnt. The photograph has been shown which establishes that she has also become handicap due to disability. She is stated to have spent a sum of Rs.3,000/- towards her treatment. Delhi Administration is directed to pay a sum of Rs.3,000/- and a further sum of Rs.2,000/- towards her injury and mental agony, i.e., total sum of Rs.5,000/-.
The writ petition is disposed of in terms of the above directions.
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