( 1 ) NEGLIGENCE and utter callouseness on the part of employees of the visakhapatnam Port Trust caused great havoc to certain unfortunate parents and innocent children. 13 school going children became the victims of premature call by Him and 36 children are groaning under severe disabilities.

( 2 ) THE Port Trust is running educational institutions for the benefit of children and dependents of its employees. One high school is situated at saligrampuram. Preparations were being made by the school children for celebrating the independence day 15th August, 1990. As fate would have it, some of the children left for heavenly abode without even saluting the national flag and some were content with witnessing through their hearts while lying on the hospital beds. The joyous and untiring children unmindful of rain assembled at the school premises on 14th August, 1990 for decorating the building to unfurl the national flag on the next day. As there was heavy rain at 9 a. m. and class rooms were yet to be opened, they were standing in the varandahs. At about 9. 30 a. m. there was a sudden collapse of brick columns resulting in the fall of beams and roof slabs of first and second floor. The sudden collapse entrapped the children. The result was instantaneous death for 13 children and multiple injuries to 36 children.

( 3 ) THE news spread like wild fire. The Government of India sprung into action and constituted a fact finding committee. Ex-gratia of Rs. 25,000/- was paid to the parents of each child died in the collapse. To some of the disabled children ex-gratia and suitable employment was given. The children who received minor injuries were given Rs. 5,000/- ex-gratia. I shall discuss these details at later stage.

( 4 ) THE Committee constituted by the Government submitted its report holding the Officers of the Port negligent and inefficient and suggested remedial measures.

( 5 ) ALETTERWAS addressed to the Supremecourt of India by oneof the parents, who lost her child and sought for relief to the grief-stricken parents and suffering children. The said representation was transmitted to this Court. It was decided by the Court to treat the said representation as a Writ Petition. The legal Aid and Advice Committee of this Court appointed Sri A. Sridhar, advocate to assist this Court on behalf of the affected persons. That is how this p. I. L. case came up for hearing.

( 6 ) LA order to give quietus to the prolonged sufferings of the parents and children, I directed the learned District Judge, Visakhapatnam by an order dated 30-1-1996 to conduct enquiry with regard to the details of children who died in the accident and also in respect of disabled or injured ones together with the social and economic status of their parents etc. The learned Judge took pains to conduct an elaborate enquiry. He recorded the statements of parents, officers of the Port, Medical Officers etc. He submitted a detailed report on 19-3-1996. After, the report is received the parties were furnished with the report and matter was taken up for hearing,

( 7 ) THE learned Counsel for the petitioners submits that on account of negligentand callous discharge of duties by the concerned officers, the building developed cracks and on the fateful day it had collapsed - de-nouncing innocent lives. Therefore, the Port Trust, a State within the meaning of Article 12 is vicariously liable for the acts committed by its Officers. The right to life as guaranteed under Article 21 of the Constitution has been grossly violated and the Port Trust is liable to pay exemplary damages. The amounts paid by the respondent is not a sufficient compensation and thus he sought suitable direction to the Respondent.

( 8 ) ON the other hand, the learned senior Counsel for Respondent submits that the representation cannot be treated as a Writ Petition and dealt with as public interest litigation. He further submits that the committee set up by the government found fault with the off