LAW FOR ALL

TORTS = Apportionment of liability among the Respondents for their respective Negligence which caused death of several persons in a fire accident in RAJIV MARRIAGE PALACE = on the question of negligence on the part of the appellants and respondent no.8 – Rajiv Marriage Palace, who were held negligent in the fire accident caused on the fateful day on account of which 446 persons died and so many others had burn injuries. On the question that framed for its consideration by the High Court with regard to apportioning the respondent’s negligence for the tragedy in question and the liability for payment of compensation flowing from the same upon the parties to the writ proceedings have recorded the acts of omissions and commissions on the role played by each one of those held responsible for the accident. = The Commission, on the basis of the evidence on record, has fastened the liability of compensation upon the appellants and respondent no.8 for 80% and the same was examined by the High Court to answer the point no.3 which was formulated by the High Court for its consideration and to answer which reads thus:---Is the apportionment of the responsibility and negligence for the fire tragedy in question and the liability flowing from the same fair and reasonable having regard to the acts of omission and commission and the role played by each one of those held responsible for the incident?” 8. The High Court while examining the correctness and percentage of liability of compensation modified the percentage confined upon the appellants and respondent no.8 from 80% to 55% confining the negligence aspect upon the appellants and respondent no.8 has not been annulled. No doubt the composite negligence is fastened upon the appellants and respondent no.8, State of Haryana, the Haryana State Electricity Board and Municipal Committee Dabwali for the reasons recorded by the High Court. The correctness of the said finding not only examined in this appeal as the same is not questioned either by the appellants or by respondent no.8. While recording the finding on issue no.3 and reducing the liability of compensation to 55% out of 80% awarded by the Inquiry Commission, the High Court has held that the appellants and respondent no.8 namely Rajiv Marriage Palace would be jointly and severally liable to pay 55% of the total compensation payable to the claimants, the remaining tort-feasors refered to supra. It is not possible for this Court to apportion the liability of compensation between the appellants and respondent no.8, particularly in the absence of the material evidence on record either before the Inquiry Commission or before the High Court and particularly having regard to the fact that what is stated that economic capacity of the partners of Rajiv Marriage Palace. In the absence of such findings it is not proper for this Court to frustrate the judgment of the High Court which is based on the Commission of Inquiry Report submitted by a retired Judge of Allahabad High Court and further on behalf of respondent no.8 it is stated that out of six family members, two persons, namely Kewal Krishan and Chander Bhan died on account of the burn injuries in the said function and further the land where the Rajiv Marriage Palace was built up has been taken over by the District authorities and the same has been converted into ‘Shahid Smarker Park’ and what is the other properties left out of the partners of the Rajiv Marriage Palace and the evidence is not forthcoming by this Court or before the High Court or in these proceedings. In this way, in the absence of the same it is not possible for this Court to apportion the liability of compensation and confine the same upon the appellants and respondent no.8 out of 55% of the liability of compensation confined and holding both the appellants and respondent no.8 responsible for jointly and severally. 9. For the aforesaid reasons the civil appeal is accordingly dismissed. However, it is open for the DAV Managing Committee to approach the competent civil court for apportioning the liability of compensation out of 55% fastened upon both the appellants and the respondent no.8 by initiating appropriate proceedings. 10. In view of the dismissal of the appeal, the interlocutory application for directions to keep in abeyance the disbursal of the amount of compensation deposited in civil court pursuant to order dated 15.3.2010 of this Court is also dismissed. The appellants shall also deposit the remaining awarded amount with the Civil Judge and the claimants are permitted to withdraw the same. The Civil Judge is directed to disburse the amount to the claimants proportionately as awarded by the High Court. A copy of this judgment shall be forwarded to the learned Civil Judge, Senior Division, Dabwali, Sirsa, Haryana.