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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Prakash Shrivastava, CJ, Justice Sudhir Agarwal, J, Dr. A. Senthil Vel, ACJ, Dr. Afroz Ahmad, ACJ
Lakshmi – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. exploration of the facts surrounding the fatal incident. (Para 1 , 2 , 3) |
| 2. acknowledgment of conditions leading to the accident and responses from the authorities. (Para 4 , 5 , 6) |
| 3. discussion on the applicable legal frameworks and their relevance to safety violations. (Para 12 , 13) |
| 4. assertion of the absolute liability principle in hazardous operations. (Para 22 , 34) |
| 5. conclusion defining compensation amounts owed to the victims. (Para 40 , 41) |
ORDER
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. The victims of an incident wherein, a blast-occurred in a factory boiler (reactor) resulting in death of 02 persons and severe injuries to 03 persons have come up before this Tribunal by means of the present Original Application (hereinafter referred to as ‘OA’) invoking its jurisdiction under Sections 14 , 15 and 17 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT Act, 2010’). Two persons died in the incident are Shankar Lal, son of Vijay Pal and Pravin Kumar, son of Chatru. The persons injured in the incident are Sainky, Sohan Pal and Dinesh. Applicant-1 (Lakshmi) is wife of Shankar Lal (deceased) and applicant-2 (Chatru) is father of
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