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J. B. PARDIWALA, R. MAHADEVAN
Asha – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. fatal workplace incidents and governmental liability. (Para 1) |
| 2. petitioners' demands for compensation. (Para 2 , 3) |
| 3. need for government review of claims. (Para 4 , 5 , 6) |
| 4. directive for government compliance. (Para 7 , 8) |
| 5. conclusion of proceedings and disposal of petition. (Para 9 , 10 , 11) |
ORDER :
2. The petitioners have invoked the jurisdiction of this Court under Article 32 of the Constitution praying that both the Governments are liable to pay compensation for the death of their husbands while on duty.
(b) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondent No.2 to enhance the compensation given to the Petitioner No.2 from Rs. 10 Lakhs to Rs. 30 lakhs and release the remaining amount of Rs. 20 Lakhs in terms of the judgment passed by this Hon'ble Court in the case titled
The court mandated compensation for manual scavenging deaths, emphasizing societal responsibility and adherence to Supreme Court directives on compensation amounts.
The court emphasized that compensation for sewer deaths must be granted without delay as per established guidelines, recognizing violations of human rights in cases of manual scavenging.
Families of deceased manual scavengers are entitled to compensation of Rs. 30 Lakhs, as mandated by the Supreme Court, highlighting societal responsibility for worker safety.
The court mandated compliance with compensation directives and safety regulations for laborers engaged in hazardous work, emphasizing the state’s duty to protect fundamental rights.
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
Point of law: The view taken is that the concept of the liability under the Act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the ....
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