Pay Rs 16 lakh to families of 4 boys who drowned in illegal quarry: NGT tells Goa govt
The NGT arrived at the compensation amount by calculating the average amount the boys, all 14, would have earned if they were to go on to live healthy lives and work for at least 25 years of their active lives
The National Green Tribunal (NGT) has directed the Goa government to compensate the families of four boys who died after they drowned in a quarry pit, ordering the mines department to give the families Rs 16 lakh each with the liberty to recover the amount from those operating the illegal quarries.
“The four students succumbed to injuries due to falling in the pit left uncared for, thus, the family members of the deceased are entitled for the payment of compensation of Rs 16 lakh each with interest at the rate of 6% per annum from the date of the order. The State of Goa (Department of Mines) is directed to pay the amount of compensation to family members of the deceased,” said the tribunal.
“The state of Goa may recover the amount from the polluters on Principle of Polluters Pay. Any amount paid to the family member of the deceased may be deducted from the above amount. The state may recover the total amount from the polluter according to law,” the NGT ruled.
The NGT arrived at the compensation amount by calculating the average amount the boys, all 14, would have earned if they were to go on to live healthy lives and work for at least 25 years of their active lives.
“At a minimum rate (the Minimum Wages as prescribed by the Government of India is Rs. 433/-) and for easy calculation, we have taken Rs 400 and at the rate of minimum 20 days’ work, the amount of compensation which is to be paid or for which the family members of the deceased are entitled are approximately Rs 16 lakh,” the NGT ruled.
“The award of compensation not only compensates an individual, satisfies him personally but helps in curing the social evil. It may result in improving the work culture and help in changing the outlook. When a person or institution is involved in commercial activities then any injury or damage caused by the act of these commercial activities must be compensated,” the NGT said.
In September last year, four students went for a swim in the quarry that was filled with rainwater and drowned. The four were part of a group of 40 boarders from a hostel who were taken for a trek at Tuem village in North Goa.
Laterite quarries of stone used to build houses are large pits that are filled with water during the rains and end up being traps, not just for unsuspecting humans but also for animals who fall into the pits.
“The consumer must not be made to run from pillar to post. Where there has been capacious arbitrary or negligent exercise or non-exercise of power by the authorities or instrumentalities, the forum must be provided in the department itself to hear the grievances and take a decision to redress the public grievance,” the NGT said.
Petitioner S M Walawaikar had approached the NGT alleging several quarries were operating illegally in the villages of Ozarim, Mandrem, Tuem, Corgao, Nagzar, Casarvornem and Alorna of Taluka Pernem, praying for directions to forthwith stop the illegal mining and refill all the pits and stone quarries with mud and stones.
The mines department admitted that 35 sites in Pernem were operational and that no quarrying permit or quarrying lease has been granted in these cases.
