Morbi Bridge Collapse: Gujarat HC Directs Execution Of Written Instrument Listing Benefits To Victims Including Marriage Expenses Of Girls
The Gujarat High Court last week called for the execution of a written instrument outlining the benefits that the victims (or their kin) of the 2022 Morbi bridge collapse incident are entitled to, which will include medical, educational as well as marriage expenses of eight "young girl victims".
The high court further called for enhancing the corpus of the Trust–created to look after the victims' and their kins needs–after noting that the present corpus of Rs. 15 Lakh is a meagre amount. It directed that an additional 10 lakhs be deposited in the corpus within one month.
On July 23, a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi had appointed advocate Aishvarya Gupta as an "independent court commissioner" asking her to meet the victims and their families and submit a report.
During the hearing on September 5, Gupta while submitting the report, stated that while forming "different categories of victims as beneficiaries" entitling them to benefits granted by the high court earlier–such as monthly allowance of Rs.12000 for their daily expenses/needs–few widows had been left out who had lost the lone earning member of their family in the incident.
Gupta referred to tables mentioned in her report and said that there were few victims who were already widows and they had lost their "earning young son or daughter" and are left with minor children to feed on their own.
Gupta further said that there were "physically disabled persons" who had lost "well paid jobs" on account of the disability they face due to the "grievous injury suffered" by them in the incident.
"One of the victims who is suffering from locomotive disability has been told by the respondent Company that there is no suitable job available for him in the Company. The other one is facing severe spine injury and the resultant mental illness. No proper support has been given to them," Gupta said.
She further stated that many victims were "not aware" of the benefits that they were entitled to under various orders passed by the high court. Many of them were not aware of the compensation amount deposited in fixed deposit by the District Legal Services Authority (DLSA), Morbi as per the high court's February 22, 2023 order, the court commissioner said.
The bench was also informed that the all the victims are not aware of the arrangements made by the court for “orphan children” and “children with single parent”; these being that such children are entitled to "educational expenses till they complete college education", which may include the expenses of a professional course.
The bench was told that the corpus of Rs.15 lakhs created with the Trust i.e. Sahaj Seva Parivar, Morbi, "seems to be a meagre amount" and there was a need to secure future exigencies as there is a "consistent environment of distrust" amongst the victims and their families about the future payments towards the benefits accorded by the court.
"There is also a need, thus, to execute instruments in writing outlining the benefits with the individual beneficiaries or their guardian in the case of minor beneficiaries along with the Company and the Collector being signatories," the order notes.
The court was informed that out of 21 victim children, eight are young girls, who are being provided expenses for their education.
Arrangement for executing written instrument listing benefits for individual beneficiaries
The bench thereafter in its order said, "Taking note of the same, the Court feels that for eight young girl victims, the company shall also be required to bear their marriage expenses, which must be included in the benefits to be provided by the Trust, namely, Sahaj Seva Parivar, Morbi registered under the directions of this Court, as and when the exigency arises. Taking note of the above, we provide that an arrangement be made for execution of an instrument in writing with the individual beneficiaries outlining the benefits to which they are entitled to. In case of minor, the signatory shall be either the natural guardian of the minor or an authorised guardian, in case of absence of natural guardian".
The bench said that apart from the "medical and educational expenses" of the eight young girl victims "a provision shall also be made in the list of benefits" that the company (i.e. Oreva group) shall bear "their marriage expenses as well" and the payment towards this shall be made by the Trust–Sahaj Seva Parivar, Morbi, as and when the exigencies arise.
The educational benefits for minor children–extended upto college level would also include expenses for professional education, if undertaken by such children, the court added.
Beneficiaries to be made aware of the benefits
The bench thereafter appointed Gupta, advocates Varun K. Patel and Shikha Panchal (who are the amicus curiaes in the matter) as "Court Observers" to ensure that all "victim beneficiaries" are made aware of these benefits and to see that the process of execution of the instruments in writing is completed.
"The list of beneficiaries must include those victims who were already widow and have lost lone earning member of their family. The physically disabled victims shall be accommodated in a well paid job by the Company commensurate to their capability and suitability. The Company shall make arrangement for one of the victims suffering from locomotive disability as pointed out in the report of the learned Court Commissioner. Another victim, who is facing severe spine injury and resultantly mental illness shall be provided with all necessary and proper support, to overcome his illness and recover fully," the bench directed.
Beneficiaries to be identified
The bench then directed DLSA, Morbi to ensure that the compensation deposited in the name of the authority's Chairman, as noted in the court's February 22, 2023 order, shall be "updated and processed for identification".
"The list of individual beneficiaries of the said amount shall be included by identification of the beneficiaries with the help of the Collector and complete the paper work. After completion of the process of verification and identification of the beneficiaries, each beneficiary shall be provided the copy of the order of this Court along with the copy of the FDR ( in cumulative deposit) in the name of the Chairman, DLSA, Morbi. The money deposited in the Fixed Deposit shall be renewed from time to time as per the bank norms and the payment thereof shall be subject to the decision of this Court in the present petition," the bench said.
Enhancement of Corpus of Trust created for welfare of victims
With respect to the corpus of the Trust the High Court observed that the amount of Rs. 15 lakhs is "meagre to meet any exigencies" and there is a need to enhance the same.
It thereafter directed, "We, therefore, provide that 10 lakhs more be deposited in the corpus for creating it to Rs. 25 lakhs within the period of one month from today. Additional corpus of Rs. 25 lakhs shall be created by the Company with the Trust within a further period of two months. The management of the corpus with the Trust shall be the responsibility of the Trustees which shall be kept in a fixed deposit of a Nationalized Bank so that the interest be accumulated for the same and the money out of the corpus shall be utilized as and when exigencies arise and also the directions issued by this Court, if any".
The bench said that the process for "compliance" of the court's "directions shall be completed" by the competent authority under the supervision and guidance of Amicus Curiaes advocates Varun K. Patel along with Shikha Panchal and the independent Court Commissioner Aishvarya Gupta. Gupta submitted that she could not interact with few victims, who are living outside district Morbi.
The court further permitted Gupta to travel to these places where these victims reside and submit her report, adding that her expenses for travel and stay shall be borne by the Company.
Meanwhile the advocate appearing for the victims invited the court's attention to the Supreme Court's order permitting them to be impleaded in the present proceedings. The counsel submitted that nothing had been done on the Special Investigation Team ('SIT') report. He said that the trial proceedings in the criminal case have not proceeded further and "no proper action" has been taken against the "guilty officials of the Nagarpalika, Morbi, whose responsibility has been fixed in the SIT report".
To deliberate on this aspect, the bench posted the matter for hearing on October 17. It further said that on this date, the court will decide on the remuneration for the amicus curiaes and the court commissioner for the services rendered by them.
On October 30, 2022, the pedestrian suspension bridge over the Machchhu River in Morbi, Gujarat, collapsed, resulting in the deaths of over 100 people and injuries to several others.
Case Title: Suo Motu Versus State Of Gujarat, Chief Secretary & Ors