The court has the authority to oversee the implementation of rehabilitation schemes for victims of tragedies and ensure that they receive adequate compensation and support.

Y. Krishan, J.— In implementation of the assurance given to this Commission by the learned counsel appearing on behalf of the State Government of West Bengal on the date of the previous hearing of this case, counsel has filed before us a scheme which the State Government proposes to implement for the rehabilitation and treatment of the persons affected by the tragedy whose names have been listed in the Medical Expert Board’s report filed before the Commission on the last occasion. The scheme also mentions the amounts of ex gratia payments which are proposed to be made to those categorised in the medical Board’s report as “very severely affected” and “severely affected”. We are happy to record our profound sense of appreciation of the commendable attitude of cooperation and assistance that has come forth from the State Government of West Bengal and the Calcutta Municipal Corporation and this has made our task considerably easier in resolving what is essentially a very unfortunate humanitarian problem.

2. It was pointed out to us by Mr. Mathur, appearing on behalf of the Complainant as also by Mr. Mohammed Barsed AH, one of the unfortunate victims who has suffered severe disability as a result of the consumption of the adulterated rapeseed oil, that the scheme filed by the State Government does not specify the amounts that the proposed to be awarded by way of “disablement pension”, “education grant” and “transport grant”. On going through the scheme, we find that this submission is correct and justified. We have requested Mr. Amal Dutta, learned Advocate ap-s pearing for the State whose valuable assistance we have had in this matter, to himself fix reasonable amounts to be paid by way of disablement pension, education grant and transport grant. Mr. Amal Dutta has very fairly agreed to undertake this task and we are sure that the amount fixed by him will be quite reasonable after duly taking into account all the facts and circumstances relating to the case and the prevailing general cost of living. The disablement pension, Education Grant and Transport Grant should be continued to be paid monthly to the concerned victims of the tragedy until they are certified by the medical authorities to have been restored to a state of normalcy.

3. The recommendations made in the scheme as regards the amounts of compensation to be paid to the different victims enumerated in the said scheme appear to us to be adequate and fair except in the cases of Mr. Amiul Haq (SI. No. 10) and Mr. Md. Barsed Ali (S. No. 69). In respect of Mr. Amiul Haq (SI. No. 10), it is stated in the last column of the scheme which sets out the recommendation of the committee that the rehabilitation scheme as regards this victim is to be considered ‘after treatment’. We do not think that it is just or fair that until after the treatment is over, this victim’s family should be denied any financial assistance. Responding fairly and positively to the suggestion made by us in this regard, Shri Amal Dutta stated before us, that the Government are prepared to give Mr-Amiul Haq (SI. No, 10 in the scheme) disablement pension commencing from the month of January, 1990. Mr. Mohammed Barsed Ali (SI. No. 69), is a legal practitioner who had served for sometime as a judicial officer in the State Judicial Service of West Bengal and has set up legal practice after resigning from the said service. Unfortunately, he is one among the victims classified by the Medical Board as “seriously affected” by this tragedy and his present condition is that he is unable to stand up or move about without external assistance because both his legs are partially paralysed. Counsel for the State Government agreed before us that in addition to the provision of a motorised tricycle and giving transport grant, he will also be given disablement pension. We record this submission. A suggestion was made by us to the learned counsel for the State of West Bengal and the Municipal Corporation of Calcutta that hav