Tamil Nadu government, cracker shop owner to share blast damages

Chennai: Fixing the contributory negligence both on the part of the state machinery and a cracker shop owner, the Madras High Court has directed them to share equally (50 percent each), the compensation amount ranging from Rs 6.15 lakh to Rs 17.75 lakh to each of the families of the 32 deceased, who died in an explosion at a cracker shop on the eve of Deepavali festival on October 16, 2009 at Pallipat in Thiruvallur district.

Allowing the petitions from K. Jayaraman and other family members of the 32 deceased, Justice R. Suresh Kumar directed the state government as well as Anandakumar, the owner of the cracker shop to pay the compensation amount after deducting the solatium already paid by the state, within 3 months.

On October 16, 2009, on the eve of Deepavali festival, there were festive activities in the town of Pallipat. More than 30 people had been busy in purchasing the crackers from the cracker shop located on Sholinghur road, Pallipat, run by Anandakumar. At about 6.30 pm, there was a huge explosion followed by heavy fire broken in the entire cracker shop, in which 32 people died.

The state government paid a solatium of Rs 1 lakh to each of the families of 32 deceased. However, they were not paid any compensation and they filed the present petitions.

The state government contended that it was in no way responsible for the incident as the owner of the shop was running the business without a licence and without taking any precautionary measures for his selfish and reckless attitude to make money. However, the state government on humanitarian ground paid the solatium.

Anandakumar submitted that though the Fire Service department, health department and revenue department had given their NOCs to grant a licence, the district collector did not pass any orders on his application. In anticipation of a licence, he started selling crackers as it was a seasonal one. The fire broke out accidentally and he cannot be held responsible for the accident, he added.

The judge said it was the duty of the authorities to  supervise whether any unlicensed business of crackers was taking place within their jurisdiction. This responsibility was always lying on the shoulder of the state machinery and its officials which they cannot disown.

This court has no other option except to come to the irresistible conclusion that the state machinery certainly failed in these aspects and it can very well be construed either as a dereliction of duty or in violation of their responsibility. Similarly, the stand taken by Anandakumar to justify his action was highly deplorable besides unlawful, the judge added.

Declining to accept the stand of the DRO that merely because the business was running in the unlicensed premises, the accident had taken place, the judge said the Fire Service department, Health department and Revenue department claimed that after having inspected the premises, they, on satisfaction, conveyed their NOCs to the licensing authority to grant the licence.

All these factors would go to show coherently that in every aspect the state machinery had failed as none of the departments had acted with due diligence and care. The responsibility can very well be fixed also on Anandakumar for his admitted violation of the law and also on the state administration, the judge added.