G.B.PATTANAIK, S.N.VARIAVA, UMESH C.BANERJEE
Lata Wadhwa – Appellant
Versus
State Of Bihar – Respondent
What is the proper method to determine compensation in death and injury cases arising from negligence, and whether the multiplier method should be applied in this context? What is the appropriate conventional (non-pecuniary) addition to damages and how should it be calculated for dependants, housewives, and children in such compensation awards? What are the principles for assessing loss of future earnings and dependencies, including how to treat uncertain factors and the consideration of benefits already provided by the negligent party?
JUDGMENT
Pattanaik, J.-This writ petition was filed by the three petitioners, invoking the jurisdiction of this Court under Articles 21 and 32 of the Constitution of India for issuance of a writ of mandamus or any other writ or directions, ordering prosecution of the officers of the Tata Iron and Steel Company and their agents and servants, for the alleged negligence in organising the function, held on 3rd of March, 1989 in Jamshedpur and direct that appropriate compensation be provided to the victims by the State Government as well as the Company. It was also prayed that a writ or direction be issued to the State Government to provide security and safety of the families, as it is apprehended that the company may use its influence to harass the petitioners and their relations, who happen to be the victims of the circumstances. The petitioners had also prayed for a direction that legal assistance be given to the victims of the circumstances to pursue the cases before the criminal and civil courts. It has been alleged in the writ petition that while 150th Birth Anniversary of Sir Jamshedji Tata, was being celebrated on 3rd of March, 1989 within the factory premises and a large number
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