Compensation For Victims Of Vadodara Boat Capsize Incident Calculated As Per Principles Of Motor Vehicles Act: State Tells Gujarat HC

The State government informed the Gujarat High Court on Friday (February 7) that compensation to the kin of the victims–which includes 12 children and 2 teachers who lost their lives in the January 2024 Harni Lake boat capsize incident in Vadodara, has been calculated as per the principles enshrined under the Motor Vehicles Act. 

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a suo motu Public Interest Litigation (PIL) pertaining to the incident, and where the victims had also moved an application seeking compensation from the contractor firm M/s Kotia Projects, for their negligence in running the project, which led to the fatal accident.

The Court had on November 29, 2024 taken note of the Vadodara Collector's report on details of the victims and their kin, and said that the assessment of compensation would focus solely on the contractor firm's liability for damages, adding that it is not concerned with the internal disputes within the firm. It had further asked the Collector, Vadodara to nominate an officer of the rank of Deputy Collector, to calculate the compensation as per the principles under the Motor Vehicles Act after hearing the victims as well as the contractor firm. 

Pointing to the high court's November order the advocate general (AG) Kamal Trivedi on Friday submitted that compensation has been determined as per principles under MV Act and as per the Supreme's Court's judgment in Sarla Verma & Ors. vs Delhi Transport Corp. & Anr on the issue. He said that the affidavit stated that notices were issued to the families of the victims as well as the M/s Kotia Projects, and an opportunity of hearing was given to them. He said that after consideration of all documents and evidence produced by parties while keeping in mind provisions of MV Act and the decision in Sarla Verma, the computation was carried. 

The AG pointed to the affidavit filed by the concerned Sub Divisional Magistrate and Deputy Collector Vadodara stating that it had taken into consideration the daily wage of the skill worker and further explained the process of computation with respect to the deceased–12 children, two teacher as well as the two injured persons. 

At this stage the court orally said to the counsel appearing for respondent contractor–M/s M/s Kotia Projects "you have to pay this". The counsel for the contractor submitted that he had received the affidavit a short while ago and sought for an accommodation to get instructions. 

The court thereafter, while noting the submissions of the State and the contractor, in its order said, "As prayed by learned advocate, the matter is posted on February 17 to enable him to complete his instructions and bring any response if advised". 

Case Tile: RE-MANAGEMENT OF THE WATER BODIES SUCH AS RESERVOIRS/PONDS/RIVERS/LAKES IN THE STATE OF GUJARAT, & ANR. Versus STATE OF GUJARAT THROUGH THE SECRETARY HOME DEPARTMENT & ORS.