The Superior Court of Gujarat orders the contractor to deposit 25% of the total compensation before March 31

The Superior Court of Gujarat on Monday (February 17) He directed the partners of M/S Kotia Projects: the contractor company that manages activities at Harni Lake Vadodara, to deposit the compensation of more than RS. 3.5 million rupees approximately For people who died in the Vadodara vessel overturning incident, in four installments, the first 25% delivery will be deposited before March 31.

On January 18, 2024, a boat overturned in Harni Lake, which resulted in the death of 12 children and two teachers who were in a school picnic. The private firm’s projects – m/s Kotia had the task of development of the Lake project by the Municipal Corporation of Vadodara (VMC). In it Last audience The State had informed the Court that the compensation had been calculated according to the principles enshrined in the Motorized Vehicle Law.

After the lawyer who appeared for Kotia Projects sought instructions, the court granted the time of the company until March 31 to deposit 25% with the collector, Vadodara. While the lawyer prayed to present the calculation with respect to the compensation that had been calculated by the collector, the court said orally that the analogy for the compensation of the Motor Vehicle Law was drawn as for the tragedy of the ship, perhaps There is no legal provision that covers compensation. He said the calculated amount seemed to be reasonable.

The court said he was not asking the company to deposit at once. Orally orally “We are giving you a month for the first installment. We will pass the order for the deposit of the total amount in four installments. First before March 31 before the collector, Vadodara, who will keep him in the fixed deposit. Once the complete amount is deposited in four installments, there would be outlay. We will not pay part; Otherwise, the calculation would be very cumbersome … 4 installments, first of 25% before March 31. Rest in the 1 month gap. We will pass the order”

During the hearing, the lawyer who appeared for the M/S Kotia projects held before a division bank of President of the Supreme Court Sunita Agawal and Justice Pranav Trivedii That a request was transferred before the subdivision magistrate that, since there were number of partners and the lake was secured by the partners of the Kotia projects, the insurance company was implemented. He said that this was rejected because the insurance company is not part in the procedures before the Superior Court.

Kotia Projects lawyer said SDM has considered the fact that only those registered are responsible, therefore, they had made a request to implement.

To this, the court said orally, “Please try to understand. This is an association firm, if there is any dispute between the partners on which partner will take the expenses, which is not the court’s concern. It is the association company that has to deposit money. How will you solve deposits, that is not the concern (for). How much is the total amount for the total children and two adults who died?“

The lawyer said that the amount in total was more than RS. 3.5 million rupees approximately.

Then, the lawyer requested to receive instructions since there are individual partners. The Court said orally that the company should deposit At least 50% in a short period and the rest of the amount that will be deposited in two installments and if there is an insurance policy, the company can recover according to the policy

The court then said: “We are not worried about you, we are concerned about the victims and your family … please try to understand that we are not worried about the insurance company; We have set a failure in you, we have said that you are to blame and that this is a liability of failure that we ask the State to calculate applying the Motorized Vehicle Law. This is also what victims can claim on their own. “

The firm’s lawyer said that, taking into account the Motorized Vehicle Law, an opportunity for the interrogation of witnesses and documents was not available. The court notice that this is an analogy extracted from the Motorized Vehicle Law for the evaluation because the company was found guilty.

However, the lawyer said it is as good as an award awarded by the Court. However, the court said it was only an evaluation of compensation when drawing analogy.
“If the victims go to the court of motor vehicles, they can get more than they have here,” said the court.

The firm’s lawyer said the policy reflects the insurance coverage that the boat ride was covered and presented that the state and central government has also paid compensation. The lawyer also declared that the difficulty is that the partners are not united and there is a difference of opinion.