The state is vicariously liable to pay compensation for deaths caused by accidents resulting from the lack of safety measures in government-governed projects, even in the absence of specific statutes, under the writ jurisdiction.

ORDER:

This writ petition is filed with the following prayer:

“… to issue an order or direction more

particularly one in the nature of Writ of Mandamus

a) Direct the respondent No.1 to 10 to pay

the exgratia amount/compensation amount

of Rs.2,00,000/- to each of the dependent

family in lieu of the untimely death of their

minor sons by name Kandukuri Venkatesh,

Kandukuri Venu and Ravula Narasimha

Rao all aged 8 years at the time of death on

23.01.2011 at Kinnerasani Project (L.F.

Head Sluices), Paloncha due to the gross

negligence of the respondents

b) To direct the respondents to provide Luskar

job to each of the dependent family besides.

c) Directing the respondents to initiate case,

against the erring employees of Kinnerasani

Project (L.F. Head Sluices), Paloncha who

were responsible for the the untimely death

of the above minor children, under the

provisions of Indian Penal Code and pass

such other order or orders as this Hon’ble

Court may deem fit and proper in the

circumstances of the case.”

2. Heard Mr. S. Madan Mohan Rao, learned counsel for petitioners, learned Assistant Government for Revenue for respondent Nos.1, 2, 8 and 9, learned Assistant Government Pleader for I&CAD, for respondent Nos.4 to 7, and learned Assistant Government Pleader for Home for respondent Nos.3 and 10.

3. The case of petitioners is that one child of each of the petitioners, aged around eight (8) years, who were students, three of them, died on 23.01.2011 in Kinnerasani Project.

4. Learned counsel for petitioners submitted that children of petitioners went to hear the sluices at Kinnerasani Project at Paloncha, while they were looking at the unprotected sluices, all of a sudden, all the three children slipped from the sluices and fell inside the Kinnerasani Project. As they did not know swimming, all the three children died.

5. It is submitted that gross negligence of respondent Nos.1 to 9 led to the accident. That the Minister of State of Andhra Pradesh visited the spot along with other villagers. It is further submitted that Minister discussed the issue with the Irrigation Department officials and respondent Nos.1 to 10 announced an ex-gratia of Rs.2,00,000/- to each of the deceased families and one job of luskur post to each dependent family, and also promised to initiate criminal action against the respondent authorities. It is also submitted that notices were issued to respondent authorities, which were served on respondent Nos.5 to 9, but there was no response.

6. It is submitted that petitioners approached the Chairman, Legal Services Authority, Kothagudem, seeking a direction to respondent Nos.5 to 9 for passing an award for payment of ex-gratia amount of Rs.2,00,000/- and one luskur post to each of the deceased family members. That though notices were issued, when the matter was listed before the Legal Services Authority, the respondent authorities failed to fulfill the promises. It is pointed out that on 22.09.2012, the Mandal Legal Services Authority closed the petition granting liberty to the petitioners to approach the proper forum.

7. It is the case of petitioners that State Government is vicariously liable for gross negligence of authorities and having promised to pay an amount of Rs.2,00,000/- as ex-gratia besides one luskur post to each of the dependant families, yet the respondent authorities failed to take action. Hence, writ petition.

8. Learned Assistant Government Pleader for Revenue for respondent Nos.1, 2, 8 and 9 submitted that under ‘Apathbandu Scheme 2013-14’, an amount of Rs