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The Gujarat High Court Wednesday ordered Oreva Group to match the compensation amount paid by the government so far to the 135 people who were killed and 56 who were injured in the Morbi suspension bridge collapse, which effectively amounts to double the amount the company had offered to pay as interim compensation.
The division bench of Chief Justice Sonia Gokani and Justice Sandeep Bhatt directed Oreva Group to pay Rs 10 lakh to each of the deceased’s next of kin and Rs 2 lakh to each of the 56 injured in the accident, as interim compensation. The court, while ordering for enhancement of the compensation amount to be paid by Oreva, granted the company two weeks’ time to disburse half the amount and the remaining half in the next 15 days thereafter—directing for the disbursement of the entire amount within a month.
On Wednesday, senior counsel Nirupam Nanavaty, representing the company, had informed the court that it is willing to pay Rs 5 lakh to each of the deceased and Rs 1 lakh to each of the injured.
The court relied on precedents set by Supreme Court judgments, including that of Union Carbide in the Bhopal Gas Tragedy, and as was pointed out by one of the next of kin of deceased people in the tragedy, a private party is liable to pay a 55 per cent of the compensation and the government 45 per cent where negligence is attributable to both the private party and the state.
Taking the same into consideration, ordering for the enhancement of interim compensation to be paid by Oreva Group, the court observed, “…even while not adhering to the 55 per cent of the apportionment,…, at least the matching amount of 50 per cent would be necessary to be directed. State and Centre combined have disbursed the amount of Rs 10 lakh to each deceased…”
Meanwhile, the court in its order recorded that the company will take care and take responsibility for the seven children who were orphaned after the accident. “(Oreva Group) has ensured to take the care of these children of every nature, for their education, medical care, residence, also there being adjusted in their respective professions when they actually complete the studies.”
In this regard, the court also instructed the state to extend counselling services for the victims, especially those orphaned, who have undergone psychological trauma.
“It is expected that the state would take due care of those victims for the psychological trauma suffered by these victims and their families. The need for reference to the counselling centres is a must and particularly for those orphans misfortunate to have lost both their parents. If need be so, the reference can also be made to NFSU Centre for Well-Being as one of the cells takes care of the needs of victims and their counselling, since online counselling is also available with the university and the centre.”
The court also instructed that a “request shall be made to expedite the…(final FSL report),” after it was submitted by the state that the FSL may take upto two months to come out with the final report.
Further, the court directed that in the case of Jaysukh Patel, Oreva Chairman and MD, “Investigation shall be completed on an expeditious basis. There shall be an expeditious process so far as the criminal trial is concerned and any difficulty at that stage can be ventilated before this court.”
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