Today, the state government informed the Gujarat High Court that compensation for the families of the victims—comprising 12 children and 2 teachers who perished in the Harni Lake boat capsize incident in Vadodara in January 2024—has been determined in accordance with the principles outlined in the Motor Vehicles Act.

A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a suo motu Public Interest Litigation (PIL) related to the incident. In this case, the victims had also filed an application seeking compensation from the contractor firm, M/s Kotia Projects, citing negligence in managing the project, which resulted in the tragic accident.

On November 29, 2024, the Court had taken note of the Vadodara Collector's report, which included details of the victims and their families. It stated that the compensation assessment would be solely focused on the contractor firm's liability for damages, clarifying that internal disputes within the firm would not be considered. Additionally, the Court directed the Vadodara Collector to designate a Deputy Collector-level officer to calculate the compensation in accordance with the principles outlined in the Motor Vehicles Act, after hearing both the victims and the contractor firm.

Referring to the High Court's November order, Advocate General (AG) Kamal Trivedi informed the Court on Friday that the compensation had been determined in accordance with the principles of the Motor Vehicles Act and the Supreme Court's judgment in Sarla Verma & Ors. vs Delhi Transport Corp. & Anr. on the matter.

He stated that the affidavit highlighted that notices had been issued to the families of the victims and M/s Kotia Projects, providing them with an opportunity for a hearing. He further explained that after reviewing all documents and evidence presented by both parties, while considering the provisions of the MV Act and the Sarla Verma ruling, the compensation calculation was carried out.

The AG referred to the affidavit filed by the concerned Sub Divisional Magistrate and Deputy Collector of Vadodara, which outlined that the daily wage of the skilled worker had been taken into account. He further explained the computation process, which included considerations for the deceased—12 children, two teachers—and the two injured individuals.

Currently, the Court orally remarked to the counsel representing the respondent contractor, M/s Kotia Projects, "You have to pay this."

In response, the contractor's counsel stated that they had only received the affidavit recently and requested an accommodation to obtain 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.