SC cuts Uphaar fire victims' compensation by half

Orders Ansals to pay 85 percent of the compensation

GN Bureau | October 13, 2011



The fight for justice for the families of Uphaar theatre tragedy has suffered a setback. The Supreme Court on Thursday nearly halved the sum of compensation awarded to them by the Delhi High Court and slashed punitive damages to be paid by cinema owners Ansal brothers from Rs.2.5 crore to Rs.25 lakh.



A bench headed by Justice R V Raveendran reduced the amount of compensation from Rs 18 lakh to Rs 10 lakh to the families of deceased above 20 years of age and for the victims below 20 years, it was reduced to Rs 7.5 lakh from Rs 15 lakh, reports PTI



The bench also drastically reduced the punitive damages to be paid by Uphaar Cinema owners, Ansal brothers - Gopal and Sushil, to the Centre from Rs 2.5 crore to Rs 25 lakh.



While holding Ansals and erstwhile Delhi Vidyut Board (DVB) as jointly and severally liable to pay the damages, the court asked Ansals to pay 85 percent of the compensation. The rest would be paid by DVB, it added.



The bench modified the high court's order of April 24, 2003 in which the court awarded a total compensation of Rs 18.5 crore.



The apex court also absolved Municipal Corporation of Delhi and Delhi Police of their liabilities to bear 15 per cent each of the compensation.



The court, however, retained the part of the high court's verdict that mandated payment of Rs 1 lakh as compensation to those injured in the incident, in which 59 people were killed and 103 injured on June 13, 1997 during the maiden show of blockbuster Border.




QUOTES:



Neelam Krishnamurthy, petitioners- “We have been fighting for the last 15 years. Our fight was not about money. We wanted people to get safer public places and the only way to do this was by putting pressure on corporate. The corporates are being benefited by such judgments. So, many more Uphaars will happen.” (As told to The Hindu)



Raman Sidhu, family member of the victim – “Compensation has never been the issue. It is just irrelevant for a person who lost his entire family. I lost my wife, two children, my sister and her three children. An apex court can only bring justice. At least it can ensure that this tragedy does not happen again. My whole life has changed since that tragedy happened. Compensation makes no difference to me. I can’t replace that with people I lost.”



Pradeep Mehta, secretary general CUTS (consumer Unity and trust society- “It is very unfortunate. Compensation has to be looked in two ways - one as retribution and second as punishment to the culprit. It is a setback not just for the victims but also for Jurisprudence.”





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