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TMI Blog2003 (4) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... to leave the balcony. The entire balcony area and the stairs leading to the balcony were so full of smoke that it had became impossible for many of the patrons to go out of the building and as a result thereof 59 people, which included infants and children, lost their lives because of asphyxiation and about 103 other persons sustained injuries. Immediately after the incident of fire, the Lieutenant Governor vide order dated 14th June, 1997 ordered an enquiry into the incident and appointed Mr.Naresh Kumar, Deputy Commissioner (South), Government of National Capital Territory of Delhi to conduct the enquiry with the following terms of reference :- i) To look into the cause(s) and circumstances leading to fire; ii) To examine whether the Uphaar Cinema had the necessary clearances/ NOCs/licenses from various agencies/statutory authorities. If not, to fix responsibility for lapses of the agencies; iii) To suggest measures to prevent such incidents in future; iv) Any other fact(s) relevant to the incident. 2. The Deputy Commissioner after recording the statement of witnesses and examining the documents submitted his report which will hereafter be referred to as the "Naresh Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to ensure that no cinema hall in the country is allowed to run without license granted after strictly observing all the mandatory conditions prescribed under the laws and to further direct them to stop the operation of all cinema halls and to permit the operation only after verification of the existence of a valid license/permit by the licensing authority, under the Cinematograph Act. C. award damages against the respondents, jointly and severally, to the petitioners including all victims who lost their lives, the names and particulars of which, are given in Annexure B, through petitioner No.1, a sum of ₹ 11.8 crores (Rupees Eleven Crores and Eighty Lakhs Only) with the direction to equally distribute the same to the first degree heirs of all the victims evenly or in such manner as may be considered just and proper, by this Hon'ble Court. D. award damages against the respondents, jointly and severally, to the tune of ₹ 10.3 crores (Rupees Ten Crores and Thirty Lakhs Only) to the injured whose names and addresses are mentioned in Annexure C, to be distributed evenly or in such manner as may be considered just and proper, by this Hon'ble Court. E. award punitive d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Supreme Court in its judgment dated 17th August, 2001 in SLP(C).No.10288/2000 filed against the order of this Court dated 21st February, 2000 to contend that even after the judgment of this Court, the Supreme Court had granted them liberty to raise this question again. We are afraid, no such observation is made by the Supreme Court in its order dated 17th August, 2001 passed in the aforesaid matter. Dealing with the contention of the private respondents that they had an apprehension that the High Court might adopt some procedure of appointing a commission to gather certain facts which, by itself, may not be sufficient to dispose of the matter and that the commission appointed would only to report whether the rules and regulations are complied with therein or not and not, the Supreme Court observed that whatever be the apprehension of the counsel, they could very well be pointed out to the High Court and address their arguments as to the manner in which a dispute of this nature could be resorted satisfactorily and as and when such arguments are raised, the High Court would consider them appropriately and the Supreme Court did not, Therefore, find any justification to interfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art with this topic, we may point out that this Court has throughout the last few years expanded the horizon of Article 12 primarily to inject respect for human rights and social conscience in our corporate structure. The purpose of expansion has not been to destroy the raison d'etre of creating corporations but to advance the human rights jurisprudence. Prima facie we are not inclined to accept the apprehensions of learned counsel for Shriram as well founded when he says that our including within the ambit of Article 12 and thus subjecting to the discipline of Article 21, those private corporations whose activities have the potential of affecting the life and health of the people, would deal a death blow to the policy of encouraging and permitting private entrepreneurial activity. Whenever a new advance is made in the field of human rights, apprehension is always expressed by the status quoits that it will create enormous difficulties in the way of smooth functioning of the system and affect its stability. Similar apprehension was voiced when this Court in R.D.Shetty case" brought public sector corporations within the scope and ambit of Article 12 and subjected them to the discipl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and such thing escapes and does damage to another, he is liable to compensate for the damage caused. Of course, this rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of God and act of a stranger or the default of the person injured or where the thing which escapes is present by the consent of the person injured or in certain cases where there is statutory authority. Vide Halsbury's Laws of England, vol. 45. para 1305. Considerable case law has developed in England as to what is natural and what is non-natural use of land and what are precisely the circumstances in which this rule may be displaced. But it is not necessary for us to consider those decisions laying down the parameters of this rule because in a modern industrial society with highly developed scientific knowledge and technology where hazardous or inherently dangerous industries are necessary to carry as part of the developmental programme, this rule, evolved in the 19th century at a time when all these developments of science and technology had not taken place cannot afford any guidance in evolving any standard of liability consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say without any negligence on its part. Since the persons harmed on account of the hazardous or inherently dangerous activity carried on by the enterprise would not be in a position to isolate the process of operation from the hazardous preparation of substance or any other related element that caused the harm the enterprise must be held strictly liable for causing such harm as a part of the social cost of carrying on the hazardous or inherently dangerous activity. If the enterprise is permitted to carry on an hazardous or inherently dangerous activity for its profit, the law must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on account of such hazardous or inherently dangerous activity as an appropriate item of its overheads. Such hazardous or inherently dangerous activity for private profit can be tolerated only on condition that the enterprise engaged in such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o evolve a new principle of liability since English Courts have not done so. We have to develop our own law and if we find that it is necessary to construct a new principle of liability to deal with an unusual situation which has arisen and which is likely to arise in future on account of hazardous or inherently dangerous industries which are concomitant to an industrial economy, there is no reason why we should hesitate to evolve such principle of liability merely because it has not been so done in England. We are of the view that an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity which it had undertaken. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity the enterp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... force. In terms of Rule 3, the license shall be granted in respect of a building which is permanently equipped with Cinematograph rules and in respect of which the requirements set forth in 1st schedule of these Rules are fulfillled. The first schedule to the Rules lays down the specifications with which compliance must be made before any annual license is granted in respect of any building. Besides other things, the schedule lays down specifications regarding number of persons accommodated in the cinema hall and the manner in which the seats can be provided therein. The Rules insofar as they are relevant for accommodation, sitting, the width of gangways, stairways, exists, etc. read as under:- 6. ACCOMMODATION (1) The total number of spectators accommodated in the building shall not exceed twenty per hundred square feet of the area available for sitting and standing or twenty per 133-1/2 square feet of over all area of the floor space in the auditorium. 2. A notice showing the number of spectators permitted by the conditions of the license to be admitted to any one part of the building shall be exhibited at a prominent place either at the entrance of the building or in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et at the foot of gangways in galleries where the incline of gangway exceeds fifteen degrees. (9) STAIRWAYS - (1) There shall be at least two stairways each not less than four feet wide to provide access to any gallery or upper floor in the building which is intended for use by the public. (2) The treads and risers on each flight of stairs shall be of uniform width and height. The treads shall not be less than eleven inches wide and the risers shall not be more than seven inches high. (3) There shall be no winders. (4) A continuous hand rail shall be fitted to each side of stairways. (5) No stairways shall discharge into a passage or corridor against or across the direction of exit. 10. EXITS : - (1) Every public portion of the building shall be provided with an adequate number of clearly indicated exists placed in such positions and so maintained as to afford the audience ample means of safe and speedy egress. (2) In the auditorium there shall be atleast one exit from every tier, floor, or gallery for every hundred persons accommodated or part thereof : Provided further that an exit on or by way of stage or platform shall not be reckoned as one of exits required by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a pattern, class and capacity approved by the licensing authority shall be provided as prescribed by him; these appliances shall be disposed to his satisfaction so as to be readily available for use in case of fire in any part of the building. (2) There shall always be sufficient means of dealing with the fire readily available within the enclosure and these shall include a damp blanket, a portals Chemical fire extinguisher and two buckets of dry sand. (3) All fire extinguishing appliances shall at all times be maintained in proper working order and available for instant use, and all Chemical fire extinguishers shall be capable of withstanding a pressure of not less than 250 lbs. square inch. (4) During an exhibition all fire extinguishing appliances shall be in charge of some person or persons specially appointed for this purpose. Such persons need not be employed exclusively in looking after the fire appliances but they must not be given any other work during an exhibition which would take them away from the building or otherwise prevent them from being immediately available in case of danger or alarm of fire. 11. In terms of the schedule there must be a clear space of n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elax the Rules and allowed the licensees to add to the existing number of seats in their cinema halls certain seats to make the good the loss caused to the licensees by the reduction in the rates by 10% made in 1975. Uphaar Cinema was also permitted to add 43 seats in balcony and 57 seats in the main hall. A notification to that effect was issued by the licensing authority on 30th September, 1976. As a result of the relaxation of the Rules, 43 seats were added in the balcony and 57 seats were added in the main hall. On receipt of a report from the Chief Fire Officer that the addition of seats was a fire hazard, the Lt. Governor on 27th July, 1979 issued a notification cancelling with immediate effect the earlier notifications by which relaxation had been granted to the different licensees who were thereby allowed to increase the number of seats in their theatres. This notification was challenged by the cinema owners by filing a writ petition in this Court. The writ petition was disposed of by a Division Bench of this Court by its judgment dated 29th November, 1979. The Division Bench of this Court held that the Administration could not have granted the relaxations if such relaxatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was, Therefore, justified and legal. The matter, however, did not end there. The Court further observed that by simply withdrawing the relaxation would not automatically mean that all the additional seats which were installed in the cinema theaters were contrary to rules and must, Therefore, be dismantled without any consideration as to how many of these seats were in consonance with the rules and how many were contrary to the rules. The Court, Therefore, directed the administration to apply their mind to the additional seats with a view to determine which of them had contravened which rule and to what extent keeping in mind that the compliance with the rules was to be substantial and not rigid. 16. After the notification dated 30th September, 1976 was issued permitting Uphaar Cinema to add 100 seats and before the judgment of the Court was delivered on 27th November, 1979, the Entertainment Tax Officer by an order dated 6th October, 1978 had permitted Uphaar Cinema to install 8 seats in the box and use the same subject to the condition that no tickets will be sold against those eight seats and only Compliment arise will be issued. When the notification dated 27th July, 1979 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make the total number of seats in the balcony as 302. This proposal was sent by the DCP (Licensing) to the Executive Engineer, PWD who by his letter dated 10th September, 1980 wrote to DCP (Licensing) that the total number of seats in the balcony were 287 and by adding these 15 seats, the total number of seats in the balcony would be 302; the number of exists at site were at present three and as per the 1st Schedule of Delhi Cinematograph Rules, 1953, the number of exits should be one per 100 seats and on account of which two seats would be in excess but at the time of removal of additional seats in October, 1979 during a meeting held in the room of the DCP where the DCP and the Chief Fire Officer were also present, it was decided that keeping in view the High Court's order for substantial compliance, the excess number of seats over the required number of exits should be allowed and, accordingly, so many cinemas were allowed to retain excess number of seats than the permissible limit of one exit per 100 seats and keeping that decision in view, these excess seats could also be allowed and the proposal of an additional 15 seats would be in conformity with the Delhi Cinematograph Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by him that because of the exit being closed and the other stairway not being available, there was almost a chaos in the cinema hall at the time of fire which resulted in delay in the egress of patrons and they died, on coming out of the balcony, because of asphyxiation. 18. Besides the deviation in the gangways, arrangement of seats and exit, etc., inside the balcony the other major deviation, according to Mr.Tulsi, was raising of the 3 feet high parapet wall at one end of the ground floor, almost behind the transformer room, to the ceiling level. Submission of Mr.Tulsi is that in the original plan, the Municipal Corporation had approved only a 3 feet high parapet wall but the cinema owners not only raised the same to the ceiling level but also constructed a dispensary by its side above the ramp thus the ramp going to the basement was virtually closed. Contention of Mr.Tulsi, Therefore, is that had this wall been not in existence, the smoke coming out of the transformer room would have gone out from the open space where this wall existed and the same would have not reached the balcony through the stairway and thus the tragedy could have been averted. It is also the submission o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had held that three gates for 302 seats amounted to substantial compliance of the rule of providing one "exit" gate per 100 patrons. 20. The other major structural deviation in the building alleged by the petitioners is the construction of the rear wall at the back of the transformer room. The contention of learned counsel for the petitioner is that the wall as originally sanctioned by the Municipal Corporation of Delhi was only a 3 feet high parapet wall but the respondents have now raised it to the ceiling level and, according to the petitioner, construction of this wall has contributed, to a large extent, the smoke not going out of the building and going to the balcony through the stairway. Mr.Tulsi, learned counsel for the petitioner, in support of his argument that this wall was constructed in violation of the building bye-laws and in violation of the building plan sanctioned by the Municipal Corporation of Delhi has placed reliance upon the inspection report dated 11th August, 1997 prepared by the Engineers of the Municipal Corporation of Delhi and another report dated 2nd August, 1997 prepared by the Engineers of the Public Works Department. The contention of Dr.Dhawan, ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of place to mention here that the license of the cinema was sought to be suspended by the Licensing authority in June, 1983 for alleged violations of different provisions and rules under the Cinematograph Act and the rules framed there under and the cinema was required to obtain clearance certificates from various authorities within four days failing which it was threatened that the license would be revoked. On receipt of this notice from the licensing authority, the cinema owners filed a writ petition in the High Court of Delhi being C.W.P.No.1347/83. On 28th June, 1983 when the matter came up before the Court for hearing, the Court stayed the operation of the order suspending the license of the respondent/owners. This stay, we were informed, continued till the date of unfortunate incident. Before suspending the license, an inspection of the cinema was carried out on 9th June, 1983 and 17th June, 1983 by a joint team of the representatives of the licensing branch of the Delhi Police, Delhi Development Authority and Delhi Fire Service. This inspection was carried out under instructions of the Lieutenant Governor following incidents of fire in L.P.G. Godown Shakur Basti and Gop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which no permission seems to have been taken as required under condition 17 of the license. 11. The space marked for a restaurant has been let out to a bank. 23. These deviations, according to the DCP (Licensing) amounted to contravention of conditions 1, 2 and 17 of the license conditions, rule 23 and 47 of the Delhi Cinematograph Rules and paragraphs 2 and 18 of the First Schedule appended thereto. He, Therefore, issued a notice to the cinema to show cause as to why the license be not revoked under Rule 8 of the Rules. After considering the reply received from the cinema, order dated 27th June, 1983 was passed suspending the license of the cinema for four days. As already mentioned above, this order was stayed by the Delhi High Court by its order dated 28th June, 1983. The licensee besides filing writ petition in this Court had also filed an appeal against the order dated 27th June, 1983 before the Lieutenant Governor. While the appeal was pending before the Lieutenant Governor, the parties agreed to the constitution of a committee to verify and report whether the facts which were recorded and termed as violations in the order dated 27th June, 1983 existed or not. The committe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the said local body shall dispose of this application within a period of one month. Such of the objections as the local body is not willing to regularise, shall be removed by the appellant by 31st August, 1984. The appellant shall report compliance of the directions at No.1 and 2 above to the Licensing authority on or before 1st September, 1984. The appellant shall also give an undertaking to the Licensing authority, in the form and manner prescribed by it, that he shall not again indulge in any of the violations that he has removed on his own or in terms of this order. In case, any one of the directions is not complied with, the order dated 27.6.1983 of the Licensing Authority shall come into operation." 24. The Lieutenant Governor expressed his displeasure over the manner in which the case was handled in the past by various authorities and wanted the Chief Secretary to examine the case from that angle and fix responsibility for lapses wherever they occurred. 25. A few other deviations all edged by Mr.Tulsi, learned counsel for the petitioner, were as under :- i) the exhaust fan provided in the transformer room opened inside the car parking area because the right s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N/VIOLATIONS A. BASEMENT FLOOR : (i) Four partition walls were constructed in the basement hall meant for parking (Deviation & Violation-BBL 14.12.2; There was no proof of the approval granted by the Authority). (ii) Inflammable materials such as seats, frames, planks were stored in the basement. (Violation-BBL 14.12.1.1) (iii) A number of rooms such as air washer room next to the blower room; rooms/offices next to A/c ducts & the lift well; stores below the ramp were made in the basement. (Deviation & Violation-BBL 14.12.1.1). Offices were not air-conditioned and not included in FAR. (iv) A temporary wooden structure was made in the basement (Deviation & Violation-BBL 14.12.1.1) (v) One of the stairs leading to basement was closed by wooden planks and occupied by M/s. Shegal Carpets. (Deviation & Violation-BBL 16.4.3. & 16.4.4.) (vi) An air washer system was provided. (Deviation- Indicative of building not being air-conditioned at al times of usage). (vii) Airconditioning plant room does not conform to the safety code IS660-1963, 3.1.3.-3.1.6 & 3.3. regarding ventilation, emergency, exits, fire extinguisher, First aid equipment, Gas masks, Servicing space. (viii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over and above the 250 originally sanctioned. Although permission was granted by D.C.P. (Licensing), but sufficient care was not taken to facilitate fire egress of the patrons sitting on the right side of auditorium. The two gangways and one exit on the right side were closed and only one central gangway was provided in lieu of these. Due to this eccentric placement of the exits, the central exit was catering to at least about 200 people, much more than norm of one exit per 150 people. (Violation:DCR, Sch.1 No.12). It may be mentioned that as per the rules in force before 1981, the norm was one exit per 100 people. (ii) Inspection room was converted to a 18 seater box. (Deviation). (iii) A toilet block was converted into an office. (Deviation). (iv) Operators rest room and sweeper's room with toilet were converted into a retiring room with an attached toilet & office. (Deviation). F. THIRD FLOOR: (i) The sanctioned administrative area was converted into office complex using wooden partitions and let out to various companies without independent means of escape. (Deviation & violation DCR Sch. 1 No.2). (ii) A few offices were also constructed around the lift well with w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... room. It is not in dispute that right in front of the transformer room or in its vicinity, the cars were parked and it is also not in dispute that the contessa car parked next to the transformer room was the first to catch fire. To what extent, the improper parking of cars and over crowding of the parking area has contributed to the spread of smoke is a question to be examined by this Court, however, we have no hesitation in holding that the parking area was not only over crowded but the cars were also not parked in a proper manner and were parked in the vicinity of the transformer room which could be a fire hazard. 31. Another point on which the parties are in issue is the installation of the transformer. While according to Mr.Tulsi, the transformer was installed by the Delhi Vidyut Board (Formerly known as Delhi Electric Supply Undertaking) in total violation of the rules and bye-laws framed for installation of such transformer and that was done with the consent and connivance of the owners of the cinema and the owners of the cinema had agreed to the installation of the transformer on the first floor of the building so as to get a favor from the Delhi Vidyut Board. Contention o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 36 before any conductor or apparatus is handled adequate precautions shall be taken, by earthing or other suitable means, to discharge electrically such conductor or apparatus, and any adjacent conductor or apparatus if there is danger there from. Every person who is working on an electric supply line or apparatus or both shall be provided with tools and devices such as gloves, rubber shoes, safety belts, ladders, earthing devices, helmets, line testers, hand lines and the like for protecting him from mechanical and electrical injury. No person is supposed to work on any live electric supply line or apparatus and no person shall assist such person on such work, unless he is authorised in that behalf, and takes the safety measures approved by the Inspector. Under Rules 42 and 43, the owners of all circuits and apparatus shall so arrange them that there shall be no danger of any part thereof becoming accidentally charged to any voltage beyond the limits of voltage for which they are intended. Fire buckets filled with clean dry sand and ready for immediate use for extinguishing fires, in addition to fire extinguishers suitable for dealing with electric fires, shall be conspicuously ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore installation of a transformer approval of the Inspector under the Rules is required to be taken. Under Rule 64 and Rule 64 A, at the time of installation of the transformer relays must be provided and cable trenches inside the sub-station and the switch station containing cables are to be filled with sand, pebbles or similar non-inflammable materials or completely covered with non-inflammable slabs. All systems and circuits are required to be so protected so as to automatically disconnect the supply in abnormal conditions by provision of relays and touch hold. Under Rule 65, all apparatus, cables and supply lines are to be maintained in healthy conditions and tests carried out periodically as per the relevant codes of practice, as per Bureau of Indian Standards. Records of all tests, tripping, maintenance works and repairs of all equipments, cables and supply lines are also required to be kept in such a way that this record may be compared with the earlier ones. 34. Both, according to Mr.Tulsi as well as Dr.Dhawan, the entire framework right from the installation to maintenance was defective and rules were followed more in breach than in observance. It is submitted that neith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cinema and how it was transmitted from the sub-station to the consumers. The power to the sub-station is received from the 33/11 KV grid sub-station installed at the All India Institute of Medical Sciences via Green Park main and K-84 sub-stations. Power is received on the HT panels at 11000 Volts from where it is divided into two channels, one is leading to 1000 KVA DVB transformer and the other goes to 500 KVA Uphaar Cinema transformer. In this petition, we are only concerned with the 1000 KVA DVB transformer. At both the transformers, 11000 volts power supply is stepped down to 440 volts on LT side. The 440 volts power supply from the DVB transformer goes to LT panel in the switch gear room for onward distribution to the adjoining locality of Green Park Extension, commercial complex and to a few tenants in the Uphaar Cinema building. From Uphaar Cinema transformer the 440 volts power supply is taken to the LT panels of the Cinema located in the basement from where it is supplied to various points inside the cinema. DVB sub-station, as already mentioned above, is required to be maintained by the Delhi Vidyut Board. As stated above, earlier the DVB had installed a transformer of 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re stolen, however, despite our repeated queries, no record had been produced to show that relays were ever issued by the store for installing the same in the transformer and the same were stolen nor any report was ever lodged about the theft of these relays. 37. In terms of clause 6.1 of IS:10028 the maintenance schedule has been prescribed for unattended sub-stations. In terms of the aforesaid clause, the sub-station is required to be inspected as frequently as possible. Delhi Vidyut Board has also formulated its own norms for inspection of sub-stations. In terms of these norms, sub-station is required to be inspected by Inspector/Foreman once in a month, by a Superintendent once in three months, by the Assistant Engineer once in a year, by the Executive Engineer 10% at random and by the Superintending Engineer and Additional Chief Engineer 2% at random. No record has been produced to show that inspection in terms of the schedule or norms was ever carried out. What to speak of inspection in terms of the schedule, no records have been produced to show that any inspection was carried out between July, 1989 and 22nd January, 1997. No one is aware whether oil and filter in the trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Institute of Medical Sciences grid sub-station for the safety of DVB transformer at Uphaar Cinema in case of over current and abnormality in the electric supply. 39. The record produced during the hearing and the statement of the witnesses show that the Delhi Vidyut Board was clearly negligent in the maintenance and installation of its transformer installed on the ground floor of the Uphaar Cinema. Though by order dated 29th February, 2000 while appointing the Commissioners, we had directed them to submit report as to whether or not all rules, regulations and statutory provisions were complied with and if not to what extent, the Commissioners have given their report only regarding deviation in structure of building and installation of seats inside the cinema hall. They have not given any report as to whether or not the Delhi Vidyut Board had complied with all the rules, regulations and statutory provisions in the installation of the transformer. We have, Therefore, ourselves gone through the admitted evidence on record to find out the violations committed by the Delhi Vidyut Board in the installation and maintenance of the transformer. 40. Nothing has been placed on record to sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 62 (2) (g) of IE Rules, 1956] (d) Arrangement had not been made to stop the flow of transformer oil from the sub-station to the other parts of the building, in the event of transformer tank being ruptured/ damaged. Figure-1 of I.S. 1886-1967 shows typical arrangement for a transformer of about 500 KVA rating. (e) All the non-current carrying metals associated with the DVB sub-station i.e. Transformer, H.T. Breakers etc. had not been effectively earthed to a grounding system or mat which will limit the touch and stop potential to tolerable values and maintain the resistance of the earth connection to such a value as to make operation of the protective device effective. [ Violation of 67 (1) of I.E. Rules, 1956] In brief, the state of affairs at the site of DVB transformer clearly indicates that standards prescribed for such a power installation system in IE Act/Rules and bids have not been adhered to at all. This further reflects on the functioning of the Board. 41. The contention of Mr.Tulsi, insofar as the quantum of damages is concerned, is that the quantum of damages to be awarded by the Court depends upon the nature of wrongful act in the overall fact situation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of that likelihood; 3. The profitability of the defendant's misconduct; 4. The duration of misconduct and any concealment of it; 5. The attitude and conduct of the defendant upon discovery of misconduct; 6. Financial condition of the defendant; and 7. The total deterrent effect of other punishment imposed upon the defendant. 42. Submission of Mr.Tulsi, Therefore, is that since the sole intention of the private respondents, namely, the owners of the cinema to add more seats in the cinema hall and in the process close the right side vertical gangway and the right side rear exit, was to get more profits, the Court should impose punitive damages upon the owners. It is also the contention of Mr.Tulsi that it is the most reckless, wanton, malicious and oppressive breach of statutory duty by the licensee and the licensing authority by closing down not only the gangway leading to the exit on the right side of the balcony but the exit itself leading to the staircase which has led to the tragic incident otherwise at least half, if not more of the public present in the balcony, could have come out unharmed, the cause of death of 59 persons was the most wanton and reckless act of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the owners may have earned ₹ 2,50,00,000/- (Rupees Two Crores Fifty Lacs only) from all these additional seats. This may not be the exact income earned by the owners of the cinema hall but this figure is only one of the indices which may indicate what the damages should be in the event of their being awarded. 44. It is submitted by Mr.Tulsi that the conduct and attitude of the licensee and their officers in filing false and misleading affidavits not only before the licensing authority but also before the Lieutenant Governor as well as this Court about their having removed the breaches pointed out from time to time by the licensing authority calls for award of punitive damages against them. It is submitted that it was a case of composite negligence on the part of the licensee, the licensing authority, Government of NCT of Delhi, the Delhi Fire Service, Delhi Vidyut Board and the All India Institute of Medical Sciences. It is submitted that closure of right side gangway and exit by the licensee after permission for the same was granted by the licensing authority and the construction of 3 feet high parapet wall up to the ceiling level have contributed most in spreading the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in hand worth ₹ 1,500 crores. It is submitted that any amount of punitive damages less than ₹ 100 crores was not likely to have the desired deterrent effect on the owners of the Uphaar Cinema nor the same would have any significant deterrent effect on the owners of other cinema halls across the country. 46. Dr.Rajeev Dhawan, Senior Advocate, argued on behalf of the respondents that the public law remedies by way of writ petitions are normally limited to giving directions, providing interim and final injunctive reliefs and quashing decisions which are vocative of the fundamental rights or violation of law. He submits that the scope of providing damages in public law is limited to specific situations and circumstances where the State deliberately deprives a person of his personal liberty in cases such as causing death, grievous injury, custodial violence and the like. He submits that the judgments already cited by this Court in its earlier judgment dated 21st February, 2000, namely, Sebastian M.Hongray Vs. Union of India - 1984CriLJ830 ; Rudul Sah Vs. State of Bihar, 1983CriLJ1644 Bhim Singh Vs. State of J&K, 1986CriLJ192 M.L.A.; PUDR Vs. State of Bihar and Ors. 1987Cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of compensation, the emphasis has to be on the compensatory and not on punitive element. The objective is to apply balm to the wounds and not to punish the transgressor or the offender, as awarding appropriate punishment for the offence (irrespective of compensation) must be left to the criminal courts in which the offender is prosecuted, which the State, in law, is duty bound to do. The award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages which is lawfully available to the victim or the heirs of the deceased victim with respect to the same matter for the tortious act committed by the functionaries of the State. The quantum of compensation will, of course, depend upon the peculiar facts of each case and no strait-jacket formula can be evolved in that behalf. The relief to redress the wrong for the established invasion of the fundamental rights of the citizen, under the public law jurisdiction is, thus, in addition to the traditional remedies and not in derogation of them. The amount of compensation as awarded by the Court and paid by the State to redress the wrong done, may in a given case, be adjusted agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e law in an action based on tort, through a suit instituted in a court of competent jurisdiction or/and prosecute the offender under the penal law." 48. In Indian Council for Enviro Legal Action and Others Vs. Union of India and others (Supra), the Supreme Court had held that even if it is assumed that the Court cannot award damages against the respondents in proceedings under Article 32 of the Constitution of India that would not mean that the Court could not direct the Central Government to determine and recover the cost of remedial measures from the respondents. It was held that Section 3 of the Environment (Protection) Act, 1986 expressly empowered the Central Government to made all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of environment. The right to claim damages was left by institution of suits in appropriate Civil Courts and it was held that if such suits were filed in forma pauperis, the State of Rajasthan shall not oppose those applications for leave to sue in forma pauperis. 49. In view of the aforesaid observations of the Supreme Court, the contention of Dr.Dhawan is that the relief of monetary compensati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oration Vs.G.Ramanaiah - to contend that in an action for tort as to whether the plaintiff was found to be entitled for damages, the matter should not be stretched too far to punish the defendant by awarding exemplary damages except when their conduct, specially those of the Government and its officers, was found to be oppressive, obnoxious and was arbitrary and was sometimes coupled with malice. It is submitted by Dr.Dhawan that exemplary damages has a limited meaning in the realm of public law and it can only be awarded for violation of a specific constitutional wrong where the State deliberately deprives the person of his personal liberty in cases such as causing death, grievous injury, custodial violence and alike and the exemplary damages in public law should not be confused with damages in private law for which private law remedies were available and no liability whatsoever can be fastened on the basis of the ultra virus act unless specific allegations of malafide were pleaded and proved. It is the contention of Dr.Dhawan that Delhi Vidyut Board was solely responsible for the fire tragedy and the fire had spread to the car parking area from the Delhi Vidyut Board transformer. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... patrons could not come out and use the second staircase which resulted in almost a stampede as everyone was trying to go towards the only staircase available for going out of the cinema building and which also they were not able to find because of the dense smoke and darkness. It is submitted that the construction of 12 feet high parapet wall in place of 3 feet high parapet wall prevented the escape of smoke and there was no other way for the smoke to go except to go to the balcony area through the staircase. 12 feet high parapet wall at the back of the transformer room not only prevented the escape of smoke but also prevented fresh air from coming in. It is submitted that the management of Uphaar cinema had not provided emergency lights in the balcony nor was there any fire alarm and even the public address system was not functioning. It is submitted that non-availability of any help or guidance at the time of tragedy, non-illumination of any exit signs, indifferent and callous attitude of the management and running of the picture for about 10 minutes on generator even after the fire resulted in spreading of smoke and caused the delay in the escape of patrons from the balcony area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is one place where a large number of people have to sit in an enclosed area for a fairly long period of time. There is a potential threat to life and safety if fire, leakages of gas etc. take place. This potential threat has to be guarded against. At this stage, Therefore, it cannot be said that the cinema owners/employees (past/present) cannot be held to be under an obligation to provide and maintain all standards of safety and/or that they are not liable to compensate for loss of fundamental right guaranteed under Article 21 if harm has arisen by virtue of their not guarding against such hazard. Prima facie it appears that under the doctrine of strict liability on Public law (as set out above) the liability would be them even if there is no negligence on their part. The govt. and its agencies would also be liable for not having ensured strict compliance with Rules and Regulation which have been created to ensure safety. At this stage it appears to us that this is the case in which there can hardly be any dispute. The Rules and Regulations are clear and known. The affidavits of the public authorities support Petitioners and admit that there was non-compliance. In fact, Mr.Rawal's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No.2, Petitioner relied on it. Having known all along that the Petition was based on that Report any Respondent could have asked for and take inspection of that Report. Not having done so they could hardly complain that they were taken by surprise." 52. It is in view of these observations that we have to examine as to how the fire was caused and what is the complicity of the parties in the same. Besides examining the causation of fire, this Court is also required to go into the question as to whether a party even if not responsible for causation of fire was still responsible for spreading the smoke so as to make it liable for compensation. This Court is also to examine, if it is ultimately held as to how the fire was caused, who was responsible for the same and who was responsible for spread of smoke to the upper floors and what were the deviations in the building, seating arrangement including provision of gangways and exit doors, etc., what were the defects in installation and maintenance of the transformer and how all this has contributed to the spreading of smoke and fire in the building and how the compensation, if any, is to be apportioned amongst the parties to this pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us creating a hole therein. Because of arcing at the radiator fins when the cable came in contact with fin, a hole was created and the oil came gushing out of this hole and spread on the floor. Since the kerb at the entrance of the transformer room was not of appropriate height and slope, the oil came out from the transformer room in the parking lot. There is some controversy as to how the oil caught fire. While it is the case of the Delhi Vidyut Board that because of the high flash point of oil and because of the oil being a quenching material, it could not catch fire, however, the witnesses at the spot were unanimous in their statement that the oil which was gushing out of the transformer room was on fire. A car was parked in the vicinity of the transformer room. The burning oil appears to have come in contact with the car and the car also caught fire. The burning oil or the fire from the car which caught fire appears to have come in contact with a few more cars parked in the parking area both perpendicular and parallel to the transformer room and as a result about 27 cars were burnt. The burning cars created a lot of smoke in the parking area. As there was no other way from wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under Article 226 of the Constitution, we are not required to go into the factual details of the matter nor without sufficient material before us we are in a position to hold as to what extent each of the parties involved were negligent. However, on the basis of the admitted facts on record about which there cannot be any controversy between the parties, we are of the view that an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the safety of persons working in the premises or vicinity, owes an absolute and non-delegable duty to the patrons who visit the same to ensure that no harm results to anyone on account of hazardous or inherent nature of the activity which it has undertaken. The enterprise is under an obligation to ensure that the activities are conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it would be no answer to the enterprise to say that the harm has not been caused because of any negligence on its part. The persons harmed on account of the hazardous activity carried on by the enterpr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to discuss the role of the Licensing Authority and the licensee of the Uphaar Cinema and whether any of their actions has resulted in the spreading of smoke in the balcony and hampered the smooth exit of the patrons from the cinema hall or the balcony. 56. The case set up by the Delhi Vidyut Board is that transformer of 750 KVA was replaced by a transformer of 1000 KVA on 9th July, 1989. While inspection certificate from electrical inspector was obtained at the time of inspection of 750 KVA transformer, it is the case of Mr.Milon Banerjee and Mr.Prem Pal Malhotra, Senior Advocates appearing for the Delhi Vidyut Board, that there was no practice for getting the transformer re-inspected at the time of replacement/augmentation. It is submitted that the practice of not getting the new transformer inspected by the electrical Inspector at the time of replacement/augmentation was being followed to ensure that there was no dislocation of power supply at the time of replacing the transformer, since the inspection/approval of the electrical inspector was a time consuming process. It was submitted that there were 8000 transformers in the whole of Delhi and more than 95% of them were unmanned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that fire had started from the Delhi Vidyut Board transformer and then spread outwards, the submission of the Delhi Vidyut Board is that the flash point of the transformer oil being extremely high the oil could not catch fire and even if oil catches fire, it will get extinguished of its own as it spreads on the floor since it will rapidly loose its heat on the increasing contacts with the floor covered with loose sand, etc. Some of the points made by the Board in its submissions before the Court were as under :- "1. The testing of the oil after occurrence of fire at the substation may not give correct result. 2. It may be added that the rolling shutter provided in front of the transformer room is not required to be leak-proof. 3. As stated above, it is obviously strange that despite there being constant sparking in the transformer, the management of Uphaar Cinema did not choose to lodge a complaint. The Cinema was carrying on a public show with nearly 1000 persons attending the same. The management of Uphaar Cinema owed a duty to the said persons and ought to have taken steps to complaint even on telephone. It is submitted that break downs do occur and they are repaired u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter of the transformer room was also having grills thereby allowing better decimation of heat. 61. Insofar as the detachment of socket of `B' phase, bus bar and creation of hole in the radiator fin of the transformer was concerned, the case of the Board was that the transformer was attended to by the Delhi Vidyut Board on the morning of 13.6.1997 itself in response to a complaint. The DVB repair team found the Y phase socket defective and replaced it. After repairs, at 11.30 AM, the system was switched on and the transformer was functioning normally. All the sockets remained intact and continued to operate successfully for more than four hours from 11.30 AM to 3.55 PM, when load shedding was resorted to for one hour. It is submitted that had there been any loose connection in any of the sockets, a) there would have been arcing/sparking which could not have escaped the attention of the cinema employees present in the parking area over the 4 hours that the transformer admittedly functioned; b) although the entire area of the transformer room and the car park is in partial darkness, which would have made any arcing/sparking highly noticeable; Significantly, not a single cinema emplo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paired by DVB officials at 11.30 am on 13.6.97. The supply remained in operation successfully and effectively for more than 4 hours i.e., up to 3.55 pm when load shedding was resorted to from AIIMS grid. During this period of 11.30 am to 3.55 pm, no sparking or failure of LT sockets had taken place or was noticed as is evident from the fact that there were no complaints during this period noticed or notified by Uphaar Cinema staff; this aspect could not escape the attention of the Uphaar Cinema staff since there was a continuous show of the film and the parking area of transformer room was completely occupied by the parking attendants, officials of Uphaar Cinema and visitors also; that it is highly improbable for the socket to fall on its own within 10 minutes of supply restoration from 4.55 pm to 5.05 pm when it had successfully operated from 11.30 am to 3.55 pm for more than 4 hours. 64. It is submitted that during load shedding from 3.55 pm to 4.55 pm (for one hour) Uphaar Cinema had operated their generator. It is possible that the generator set or some foreign element interacted after the load shedding at 4.55 pm when DVB supply was restored and the generator was in operation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi Vidyut Board by not providing the circuit breakers and relays which are necessary to be provided under the I.S.Code. It is no ground not to provide relays by stating that the same were being stolen from time to time and the Board had no control over the unmanned sub-stations. It is the duty of the Board to ensure that proper safety standards are applied and proper relays are provided at the sub-stations so that any such mishap does not takes place at the sub-station. As already observed by us above, we are not inquiring as to whether or not the fire had started because of any such defect in the transformer, but once we are satisfied that the Delhi Vidyut Board was negligent in the maintenance and installation of the transformer, in our view, the same would be sufficient to hold the Delhi Vidyut Board responsible and liable for payment of compensation. Installation of a transformer is not such an activity which can said to be normal. There is inherent danger of fire in the installation of the transformer and it can, Therefore, be said to be hazardous activity. As held by the Supreme Court, the Board is under an obligation to ensure that the hazardous activities should be conduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Code for joining the cables with the aid of crimping machine clearly shows that there is difference between joining the cables by crimping and by hammering. 67. Moreover, as mentioned in para 7.3.1.1 of the I.S.Code, the Board was required to ensure that there was proper ventilation if the sub-station was installed indoor i.e. there should be more movement of air all around four sides of the transformer; the level of the transformer base should be higher than the highest flood and storm water level; it should be kept away from the wall. Under para 7.3.1.4 for indoor installations the air inlets and outlets are required to be of adequate sizes and so placed so as to ensure proper air circulation for the efficient cooling of the transformers. The inlets should preferably be as near the floor as possible and the outlets as high as the building allows to enable the heated air to escape readily and be replaced by cool air. Despite this provision in the I.S. Code, the inspection of the site as well as the report of the commissioners show that there was only one exhaust in the room where the sub-station was located. Even the provision of this exhaust was of no use inasmuch as the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... natural user and even if it was a natural user, whether it was an hazardous activity carried out by the Delhi Vidyut Board. On the ground floor of the building, the Delhi Vidyut Board had installed two transformers; one transformer of 500 KVA capacity was installed for purposes of supply of electricity to the cinema itself. A transformer which is required to be installed for purposes of supply of electricity may have to be installed in the building itself and the same may said to be of the natural user of the ground floor of the building on which we do not wish to give any opinion, however, in the case of installation of 1000 KVA transformer on the ground floor of the building which was meant to supply electricity to the colony and had nothing to do with the cinema building, in our view, cannot be said to be a natural use. It is not understood as to how the Board could insist upon installing the transformer inside the building when the same is to provide electricity to the area other than the building. Though, one or two tenants had already been provided electricity through this transformer, however, that will not make it a natural user. Even if this transformer was not installed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and radiator base had initiated the fire and the same spread along the oil spill. It was observed that from out of a total of about 850 litres of oil only 10-12 litres of transformer oil was found in the transformer meaning thereby that the rest of the oil had spilled from the transformer through the hole created as a result of the cable coming into contact with the radiator fin. The result of examination by the Central Forensic Science Laboratory was as under :- RESULT OF EXAMINATION "The inspection of scene of crime carried out by undersigned from 13th to 15th June, 1997 in the premises of Uphaar Grand Cinema and subsequent detailed Laboratory scientific examination of exhibites marked 1, 2a, 2b, 3 and 5 revealed the following:- 1. The physical inspection of the scene of fire revealed two transformers in two rooms in one of the corner of the hall in the ground floor of the cinema complex. The smaller transformer situated at one of the corner room stated to be of Uphaar cinema was found intact. The other bigger transformer of 1000 KV installed in the adjacent room stated to be of DVB have maximum burning effect of fire. The one electric phase cable of LT side mounted on bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er :- "On physical examination, wex found that the 500 KVA transformer of consumer was almost intact, whereas the 1000 KVA transformer & H.T./L.T. Panel Boards & Battery Charger of DVB were affected by the fire. On inspection of the DVB transformer, it was observed that there were two L.T. Bushings for each phase of the transformer and the Bushings of each phase had been found shorted with a common metal Bar (known as Bus-Bar). There were four holes in each of the Bus-Bar mounted on the transformer L.T. Bushing. Out of these four holes, two holes were used for fixing the Bus-Bar on the L.T. Bushing Terminals and the remaining two holes were used for jointing the L.T. Cable-end-sockets with the Bus-Bar. On each phase three Nos. of single core aluminum cables of size 630 sq.m. had been connected, for carrying electric supply from the transformer to the Air Circuit Breaker installed on the L.T. Panel Board. On detailed examination/inspection of the 1000 KVA transformer and H.T./L.T. Panel Boards of DVB, the following observations were made:- 1. Two H.T. Bushings of the transformer were broken and the third one cracked. There were no flash marks on the H.T. Supply leads and H.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng formed a cavity on the B-phase Bus-Bar and also melted the upper portion of the cable-end-socket. Due to the weight of the cable and decoiling effect of the cable, it might have exerted pull on the Bolt (used for fixing the cable-end-socket with transformer Bus-Bar), as a result cable-end-socket came out with a flick from the bold portion, after formation of an opening in the cable-end-socket (U-formation of socket) & hit the transformer radiator's fin. Due to overheating of the cable, its insulation gave-way & conductor became naked/exposed. The live conductor of this cable, which hitted the radiator-fin, formed an opening in the radiator-fin (due to short circuiting), from where transformer oil gushed out & spilled over the floor. It appeared that the short circuiting of cable with the radiator fin continued for a sufficient time, since there was no protecting system provided for the transformer at the said sub-station, as a result the transformer's oil caught fire due to arcing/sparking caused by short circuiting. At the time of inspection the following provisions of the Indian Electricity Rules, 1956, had not been found complied with by DVB:- 1. No protecting system ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing and sparking which was there due to touching of the current carrying conductor with the body of the transformer or possible burning of PVC cable insulation. He further observed that when oil was spreading, it must have taken the fire outside the transformer room also and the fire aggravated further by presence of the petrol/diesel carrying vehicles parked in front of the transformer room. 73. Mr.Naresh Kumar while inquiring into the incident had recorded the statement of certain eye witnesses. One of the witnesses Mr.Ajay Kapoor had stated that he worked in the office on the fourth floor of the Uphaar Cinema building and at about 4.45 pm he had come out for getting his eye sight checked and when at about 5.00 pm he came back near the Uphaar main gate, he heard a loud blast in the car parking and when he went inside he saw fire coming out of the transformer room and the people in the parking lot were trying to remove the cars. Another eye witness Mr.M.S.Chauhan also works in the same building and he was with Mr.Ajay Kapoor when he also noticed fire coming out of the transformer room. We have been told that the melting point of the mild steel is approximately 1500 degree celciu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, it is the consistent stand of not only the eye witnesses but also of the experts that the hot burning oil had started flowing out from the transformer room to the car parking area has not only that the slope of the room was not such which could prevent oil from coming out but the rolling shutter provided in front of the transformer room was also not leak proof. There were about 50 cars parked inside the car parking area and as already observed one of the white contessa car was parked very close to the transformer room. The gushing oil coming out of the transformer room came in contact with the contessa car and a Maruti Van which was parked in front of it and they both caught fire. From these cars, the fire spread to the remaining cars. As a result, the fumes and smoke generated by fire filled up the car parking area and then travelled up to the balcony area through the stairway. The parking of the vehicles near the transformer room has no doubt played a major role in spreading the fire. Though it is the contention of the owners of the cinema that they had not allowed parking of more cars than permitted in the parking lot, however, the case of the petitioners as well as of the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder :- " Thereafter, the smoke appears to have traveled in two directions i.e. Northward and Southward. The northward bound smoke encountered collapsible gate and a staircase adjacent to it. The smoke has gushed through stairwell due to chimney effect. The doors next to the screen on either side has severe smoke effect. The doors on either side of screen are two plank doors. Both portions shown effect of smoke. One door opposite to this staircase was closed at the time of incident as smoke effect was observed only staircase side of the door. Another door was to the right of the above door and one plank of the door was open at the time of fire. This way the smoke has entered the auditorium through right door as one plank of the door was open at the time of fire incident. The southward bound smoke traveled through ariel route towards the staircase situated to the south of the D.V.B. Transformer. The ariel route is exhibited by the fact that the concrete pillars of the building do not show any signs of smoke at the bottom portion and cable hanging overhead of Uphaar Cinema complex shows signs of heat and smoke. The smoke gushed through the stairwell due to chimney effect. The rear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number of exits, ill advised location of the gangways and absence of visible signs over the exit doors. Absence of public address system also lead to chaos and panic. It, Therefore, becomes necessary for us to deal with the role of the cinema owners as well as the licensing authority to ascertain as to how the gangways were shortened in width, exists were made at places where they were not required, some of the exit doors were closed, all of which resulted in the delay in the patrons coming out of the balcony and by that time they were all surrounded by fumes and smoke, fresh air was not available because of dense smoke and because of darkness, they were not able to find way to get out of the building and it all resulted in number of deaths and injuries in the balcony area. In the hope that toilets were safe, many of the patrons entered the toilets but that also proved to be a death trap for them. 77. As already observed by us above, Uphaar cinema was started in 1973. A cinema house cannot be run without obtaining license from the licensing authority under the provisions of the Cinematograph Act and the rules framed there under. Till the year 1977/78, the competent authority to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upheld the right of the Lieutenant Governor to withdraw the relaxation, however, the Court further held that withdrawal of relaxation would not automatically mean that all the additional seats installed by the owners are contrary to rules and the licensing authority was, Therefore, directed to apply his mind to the additional seats with a view to determine which of them had contravened which rule and to what extent keeping in mind that compliance to the rules was substantial and not rigid. On such direction being given, the D.C.P. (Licensing) by order dated 24th December, 1979 observed that of the 43 additional seats sanctioned in the balcony, six additional seats (i.e. seat No.9 in rows a to f) and all the 56 additional seats in the main hall were blocking the vertical gangways causing obstruction to fire egress of patrons from the hall. The remaining 37 additional seats in the balcony were found to be in accordance with the rules and were permitted to be retained. Despite the fact that by the addition of these 37 seats, the owners had closed the right side gangway by the side of the wall leading to the exit at the back, no observation was made in the order by the licensing author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, however, as already observed above by us, creation of exits only on one side of the balcony may be compliance of the rule for providing sufficient exits proportionate to the seats in the balcony only on paper but the same could not be said to be substantial compliance of the rules as the exits are required to be provided on all sides of the balcony to ensure that the persons sitting in the hall and the balcony had easy egress there from. 78. After an inspection was carried out by the licensing authority in 1983, a notice was issued to the licensee of Uphaar cinema on 13th June, 1983 calling upon the licensee to show cause as to why the license should not be revoked for contravention of the Cinematograph rules. A reply was submitted by the licensee stating inter alias that they had not violated any of the provisions of the Cinematograph Act. Another notice was, however, issued on 23rd June, 1983 informing the licensee that they had violated the safety regulations mentioned in the Cinematograph Rules and they were asked to show cause why the license should not be suspended. Reply to this show cause was filed by the licensee and by order dated 27th June, 1983 the licensing author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construction Co. Kamal sanctioned for offices of the administration Construction Co. and Basai of the Cinema. Builders. Only an application was made in 1974 to ETO but no sanction for letting out of office accommodation was obtained. 4. Wooden Planks have been removed This relates to item No.2. but steel posts and R.S. Joist are still intact. 5. A Homeopathic dispensary has been The wooden planks have been set up between the stilts floor & removed but the RS joists are the floor of auditorium which has been still fixed. The Homeopathic created by providing wooden planks Dispensary has since been flooring. This structure is not only removed. unauthorised but is also a fire hazard. 6. A part of the basement made The wall in the basement which inaccessible from the basement segregated the area given to level. It has access from the ground Printing press has been removed. floor which was noticed to be in use Also the stair case built as access of a printing press only a violations to this. This is not portion from of building bye-laws but is also a big the ground floor has been fire hazard. Removed. However, the Printing press continues to be located in the pantry of the Restaurant at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eutenant Governor and in any case after the appeal against the order dated 27th June, 1983 was disposed of by the Lieutenant Governor, it appears to us that the writ petition filed by the licensee in the High Court challenging the suspension of license by four days had become infructuous. However, no steps were taken by the licensing authority to move application before the High Court informing it about the disposal of the appeal by the Lieutenant Governor and for modification/vacation of stay granted on 28th June, 1983. Even the fire which had taken place in Uphaar Cinema in the year 1989 was not reported to the Court in spite of the fact that the High Court by its order dated 25th March, 1986 while confirming the stay had also observed that if there was any fire hazard or no proper fire fighting equipments were provided, the licensing authority would be at liberty to call upon the licensee to remove the fire hazards and to use proper and adequate fire fighting equipments and also called upon the licensee to remove serious irregularities, if any, and if the licensee failed to comply with the same, the licensing authority was given liberty to move the Court for obtaining appropriat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not adhere to the directives of the Court and the licensing authority. The licensing authority, Therefore, prayed for vacation of the stay granted by the Court. It is not clear as to what happened to that application but in the affidavit filed by the D.C.P.(Licensing) in Court on 1st August, 1996 i.e. after the unfortunate incident of fire, it was pointed out that out of the original 11 objections raised, when the writ petition was filed, some of the objections still subsisted and they were as under :- I) The basement, which was to be used as Car Parking only, was earlier let out to M/s East West Breweries and Distilleries ,though has been vacated now but several partition walls are still in existence, which needs rectification. ii) The wooden planks flooring between the stilt floor and the auditorium floor have been removed but RS joints, structure is still existing, which needs removal. iii) The third floor of the premises is let out to various organisations, namely Tract Pumps Sales Pvt. Ltd. construction company, Bassi Builders and Sain and Associates, whereas the same were sanctioned for the office of the Cinema. The above offices still exist. Offices of these firms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict and vigilant in compliance of the regulations meant for the safety of the patrons. We are of the view that had the right side rear exit been open and the right side vertical gangway by the side of the wall was available to the patrons to get out of the cinema hall, there would not have been delay in these patrons coming out of the balcony and precious time would not have been lost and may be many of the persons who had died because of fresh oxygen being not available to them and due to asphyxiation, might have been saved. Since the criminal trial is going on against the owners of the cinema and certain other persons, we refrain ourselves from giving any opinion as to whether there was any negligence and connivance on the part of any of the authorities in adding these seats and in not providing the gangway and the exits at places where they are meant to be provided and whether the owners and other authorities were aware that by not providing the gangways and exits at the places where they are meant to be provided and by adding these seats, safety of the patrons was endangered. 83. Having thus held that there was clear deviation and violation of the rules and regulations prescr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth the exits were on one side of the cinema hall and everybody rushed towards that side. Most of the patrons in the balcony were not able to find even these exits because of the darkness in the hall. Had emergency lights been provided in the theatre, the viewers would have been able to know the location of the exits and the position might not have aggravated to that extent. The public address system was not functioning and the management was, Therefore, not in a position to inform the viewers as to how to get out of the theatre. As per the statement of witnesses recorded by Naresh Kumar as well as by the investigating officer under Section 161 of the Code of Criminal Procedure the public address system appear to have never been used and no one ever thought of putting the same to use as it was necessary for the safety of the patrons. The sidelights on the seats were also not working and we are informed and, as also supported by the material on record, that at least for the last one year the sidelights of the seats were not working. The battery used for emergency light was dry and as per the statement of the operator there was no arrangement for recharging the battery in the cinema. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nutes in the rescue had proved fatal and it was, Therefore, the duty of the staff of the fire service that they should have concentrated in rescue of the persons trapped in the building rather than fighting the fire. It is submitted that the fire tenders did not have the functioning suction pumps, warning lights were not functioning, sirens were also not functioning and the tenders were not equipped with masks with requisite oxygen supply. Hose pipes of the tenders were also leaking. They were not provided with long ladders and hydraulic platforms were either not available or non-functional. They had also not brought the jumping nets or jumping cushion so as to rescue the persons trapped inside the building. The Chief Fire Officer has admitted in his affidavit that breathing apparatus could provide protection against smoke but the same was useless against extensive heat. It is submitted by the petitioners that even after receiving the first call about fire, the fire tenders reached the site after about 20 minutes and the delay has thus resulted in some deaths which could have been saved had the fire tenders reached the site within minutes of their being informed of the incident. 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fitting of the fire engine. The sirens are fixed for added advantage but they are not reliable, since due to water in the fire engine, the electric connection is liable to go out of order. The first unit reached within 10-11 minutes and the delay of 15-20 minutes as indicated is baseless. That it is wrong to assume that full strength protection of fire fighting only began at 6 p.m. In fact, the fire was brought under control at 1820 hrs. after sustained fire fighting efforts. That as indicated in the foregoing paras it is wrong to say that considerable delay in launching the operation in fire control was caused due to location of underground tank not known to the fire officials. Incidentally ,the fire official Station Officer, Surinder Dutt who also responded on first turnout was also involved in the inspection of cinema hall for issue of license and was aware of the location of the tank but the tank had some encroachments, Therefore could not be used. That there was no acute shortage of breathing apparatus sets and each fire engine carries breathing apparatus sets. The breathing apparatus set can provide protection against smoke but not against extensive heat. The fire h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not three dimension fire like transformers and cars etc. That Delhi Fire Service has taken possible action to extinguish fire and rescued the persons who were trapped on the upper floors. It is further opined that perhaps things would not have happened in the manner it has if the information of the incident was given to fire service immediately after the fire broke out. It is a known fact that the dimension of the fire increased in geometric proportion due to delay. The situation perhaps would not have become so bad if the information to the fire service was communicated immediately after the outbreak of fire i.e., around 5 p.m. Which is estimated time of outbreak of fire as per the report." 86. Though some of the witnesses in their statement before the Naresh Kumar Enquiry Committee had stated that the first PCR van had reached the spot at 5.25 p.m. and the first fire fighting vehicle reached the spot at 5.35 p.m. and that the report about the fire was made to the fire brigade at 5.00 p.m., however, we do not find any reason to disbelieve the log book produced on record by the Delhi Fire Service. We are also of the view that there may be shortcomings in the equipments pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he parking lot. Providing of the exhaust fan in the transformer room was of no use as the hot air being thrown out of the transformer room by the exhaust fan was circulated within the ground floor area as it could not go out of the same because of the height of the parapet wall being raised to 12 feet. Had the height of the wall not been raised, we are firmly of the opinion, the smoke emanating from the transformer room and from the parking lot because of burning of cars would have gone out of the ground floor and the parking lot, through the opening where the wall had been constructed later on up to the ceiling level. Because of the existence of wall, the smoke did not find any other way except to go to the upper floors through the stairways causing a chimney effect and resulted in concentration of the smoke in the balcony area. Existence of this wall to a large extent contributed in the spreading of smoke. Not only that the wall was constructed up to the ceiling height in place of 3 feet high parapet wall but the management of the theatre had also constructed a dispensary above the ramp which was also in clear violation of the building bye laws. Construction of inter-mediate floo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able for payment of compensation to the victims of the unfortunate incident. We have not been able to find any act of commission or omission on the part of the Delhi Fire Service or the other departments of Delhi Police to held them liable or responsible for the disaster. 89. Having thus held that all the persons/authorities mentioned above were responsible for the disaster that had taken place in the theatre on 13th June, 1996 and they are liable to pay compensation to the unfortunate victims/their relatives for the death and/or injuries sustained, the question for consideration is what should be the quantum of compensation and how the same can be assessed. 90. Having already held that the petition was maintainable and having held that no disputed question of fact being involved in the present case, we would not like to go into this question again and we are firmly of the view that the present petition for claiming damages in public law for the wrongful act of the respondents and/or for the violation of the rules and regulations will be maintainable in this Court. The undisputed and undisputable facts are sufficient to give rise to the liability of the respondents without furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The High Court allowed the writ petition and directed the management of the school to pay compensation of ₹ 5,00,000/- to each of the parents of the 14 students who died in the incident. The judgment of the High Court was challenged by way of appeal in the Supreme Court on the ground of maintainability for claiming compensation. The Supreme Court on these facts held that the law Courts exists for the society and they have an obligation to meet the social aspirations of citizens since law courts must also respond to the needs of the people. Relying upon the judgment of the Supreme Court in Nilabati Behara Vs. State of Orissa and others (Supra) and Rudal Sah Vs. State of Bihar and Another (Supra), the Court held that it was undoubtedly true that in the present context there was no infringement of State's obligation unless of course the State could also be termed to be a joint tort-feasor but since the case of the parties stood restricted and without imparting any liability on the State, the Supreme Court did not deem it expedient to deal with the issue any further except noting the aforesaid two decisions as above and without expression of any opinion in regard thereto, it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecognition by law that the careless infliction of the kind of damage in suit on the class of person to which the claimant belongs by the class of person to which the defendant belongs is actionable; (2) breach of the duty of care by the defendant, i.e. that if failed to measure up to the standard set by law; (3) a casual connection between the defendant's careless conduct and the damage; (4) that the particular kind of damage to the particular claimant is not so unforeseeable as to be too remote." 15. While the parent owes his child, a duty of care in relation to the child's physical security, a teacher in a School is expected to show such are towards a child under his charge as would be exercised by a reasonably careful parent. In this context, reference may be made to a decision of Tucker, J. in Recketts V. Erith Borough Council and Another (1943) (2) All ER 629 as also the decision of the Court of Appeal in Price and Another V. Gregory and Another (1959 (1) WLR 177. 16. Duty of care varies from situation to situation - whereas it would be the duty of the teacher to supervise the children in the playground but the supervision, as the children leave the school, may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of State's obligation unless of course the State can also be termed to be a joint tort-feasor, but since the case of the parties stand restricted and without imparting any liability on the State, we do not deem it expedient to deal with the issue any further except noting the two decisions of this Court as above and without expression of any opinion in regard thereto. 27. The decision of this Court in D.K.Basu Vs. State of West Bengal 1997CriLJ743 comes next. This decision has opened up a new vesta (sic) in the jurisprudence of the country. The old doctrine of only relegating aggrieved to the remedies available in civil law limits stands extended since Anand J. (as His Lordship then was) in no uncertain terms observed: "The courts have the obligation to satisfy the social aspirations of the citizens because the courts and the law are for the people and expected to respond to their aspirations. A court of law cannot close its consciousness and aliveness to stark realities. Mere punishment o the offender cannot give much solace to the family of the victim - civil action for damages is a long drawn and a cumbersome judicial process. Monetary compensation for redressal by the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reason of the factual import in the matter but that does not however mean and imply that a court of law would be guided by emotions and allow the sentiments to play a pivotal role in the matter of assessment of damages. It has been the contention of Mr.Bahuguna that there is not an iota of evidence as to the pecuniary loss for pecuniary benefit and as such the assessment of quantum has been totally arbitrary and in utter disregard of the known principles of law. 31. As noticed herein before six several judgments have been cited wherein the quantum of compensation varies between ₹ 30,000/- to ₹ 1,50,000/- but in every decision there was a factual basis for such an assessment and there is no denial of the same. But the adaptability of the multiply method and its acceptability without any exception cannot just be given a go by. This Court in a long catena of cases and without mixing word did apply the multiply method to decide the question of compensation in the cases arising out of Motor Vehicles Act. It is in this context the view of British Law Commission may be noticed and which indicates "the multiplier has been, remains and should continue to remain, the ordinary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of compensation payable. While dealing with the matter this court (Pattanaik J. Speaking for the Bench) observed: "So far as the determination of compensation in death cases are concerned, apart from the three decisions of Andhra Pradesh High Court, which had been mentioned in the order of this Court dated 15th December, 1993, this Court in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Susamma Thomas and Ors. AIR1994SC1631 , exhaustively dealt with the question. It has been held in the aforesaid case that for assessment of damages to compensate the dependants, it has to take into account many imponderables, as to the life expectancy of the deceased and the dependants, the amount that the deceased would have earned during the remainder of his life, the amount that he would have contributed to the dependants during that period, the chances that the deceased may not have lived or the dependants may not live up to the estimated remaining period of their life expectancy, the chances that the deceased might have got better employment or income or might have lost his employment or income altogether. The Court further observed that the manner of ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be suffered by each dependent. This "except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the Fatal Accident Acts must take into account any pecuniary benefit accruing to that dependant in consequence of the death of the deceased. It is the net loss on balance which constitutes the measure of damages. (Per Lord Macmillan in Davies Vs. Powell) Lord Wright in the same case said, "The actual pecuniary loss of each individual entitled to sue can only be ascertained by balancing on the one hand the loss to him of the future pecuniary benefits, and on the other any pecuniary advantage which from whatever source comes to him by reason of the death". These words of Lord Wright were adopted as the principle applicable also under the Indian Act in Gobald Motor Service Ltd. Vs. R.M.K. Vehuswami [1962]1SCR929 where the Supreme Court stated that the genera; principle is that the actual pecuniary loss can be ascertained only by balancing on the one hand the loss to the claimants of the future pecuniary benefit and on the other any pecuniary advantage which from whatever source comes to them by reason of the death, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and very exceptional cases." 34. In Lata Wadhwa's case, however, this Court came to a conclusion that upon acceptability of the multiplier method and depending upon the facts situation namely the involvement of TISCO in its tradition that every employee can get one of his child employed in the company and having regard to multiplier 15 the compensation was calculated at ₹ 3.60 lacs with an additional sum of ₹ 50,000/- as conventional figure making the total amount payable at ₹ 4.10 lacs for each of the claimants of the deceased children. 35. The decision in Lata Wadhwa, thus, is definitely a guiding factor in the matter of award of compensation wherein children died under an unfortunate incident as noticed more fully herein before in this judgment. 36. Having considered the matter in its proper perspective and the applicability of multiplier method and without even any further material on record we do feel it expedient to note that though Mr.Bahuguna attributed the quantum granted by the High Court as strangely absurd, we, however, are not in a position to lend our concurrence therewith. It is not that the award of compensation at ₹ 5 lacs can be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate safety measures and on the other hand several provisions of the Factories Rules and Factories Act had been grossly violated. A devastating fire engulfed the VIP pandal and the area surrounding it and by the time the fire was extinguished, a number of persons lay lead and many were left suffering with burn injuries. Some of the injured also died on the way to the hospital or while being treated at the hospital. The death toll reached 60 and the total number of persons injured was 113. Amongst the persons dead, there were 26 children, 25 women and 9 men. Out of the 60 persons who died, 55 were either employees or relations of employees of TISCO and similarly out of the 113 persons injured, 91 were either employees or their relations. Lata Wadhwa lost both her children a boy and a girl and her parents. Her husband was an employee of the company. It was alleged in the writ petition that the State of Bihar was colluding with the company and there was total inaction on its part in taking appropriate action against the negligent officers because of whose negligence the tragedy occurred. The State in its counter affidavit denied the allegations made in the writ petition. The company al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the tragic incident, the Company itself was of the view that whatever amount of compensation is determined to be reasonable, the Company will bear the same. It is in fact, he who came forward to make the offer and when the name of Shri Chandrachud was suggested, he had also agreed that the entire expenses could be borne by the Company. But according to Mr.Nariman, in the absence of any date and figures for different heads of claim made by the claimants, the only option that was left for determination was some broad principles and in arriving at his ultimate conclusion, Shri Chandrachud has relied upon those broad principles and consequently, no error an be said to have been committed in the determination in question. According to Mr.Nariman, the principles evolved in Khatoon case have been duly analysed and applied and the contention of Ms Jethmalani that principles enunciated therein had not been followed, is not correct. Mr Nariman, on his own, agreed that the compensation amount determined for the children could be doubled by this Court. Mr Nariman, however, seriously objected for the matter being remitted for redetermination, essentially, on the ground that it would be agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the proper number of years' purchase. It was also stated that much of the calculation necessarily remains in the realm of hypothesis and in that region, arithmetic is a good servant but a bad master, since there are so often many imponderables. In every case, 'it is the overall picture that matters', and the court must try to assess as best as it can, the loss suffered. On the acceptability of the multiplier method, the Court observed: "The multiplier method is logically sound and legally well-established method of ensuring a `just' compensation which will make for uniformity and certainty of the awards. A departure from this method can only be justified in rare and extraordinary circumstances and very exceptional cases.' The Court also further observed that the proper method of computation is the multiplier method and any departure, except in exceptional and extraordinary cases, would introduce inconsistency of principle, lack of uniformity and an element of unpredictability in the assessment of compensation. The Court disapproved the contrary views taken by some of the High Courts and explained away the earlier view of the Supreme Court on the point. After considering a ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces. A possibility may be ignored if it is slight and remote. Any method of calculation is subordinate to the necessity for compensating the real loss. But a practical approach to the calculation of the damages has been stated by Lord Wright, in a passage which is frequently quoted, in Davies Vs. Powell Duffryn Associated Collieries Ltd. to the following effect: "The starting point is the amount of wages which the deceased was earning, the ascertainment of which to some extent may depend on the regularity of this employment. Then there is an estimate of how much was required or expended for his own personal and living expenses. The balance will give a datum or basic figure which will generally be turned into a lump sum by taking a certain number of years' purchase." It is not necessary for us to further delve into the matter, as in our opinion, Shri Justice Chandradhud, has correctly arrived at the basic figure as well as in applying the proper multiplier, so far as the employees of TISCO are concerned, but the addition of a conventional figures to the tune of ₹ 25,000/- appears to us to be inadequate and instead, we think the conventional figure to be added should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of children between the age group of 5 to 10 years, a uniform sum of ₹ 50,000/- has been held to be payable by way of compensation, to which the conventional figure of ₹ 25,000/- has been added and as such to the heirs of the 14 children, a consolidated sum of ₹ 75,000/- each, has been awarded. So far as the children in the age group of 10 to 15 years, there are 10 such children who died on the fateful day and having found their contribution to the family at ₹ 12,000/- per annum, 11 multiplier has been applied, particularly, depending upon the age of the father and then the conventional compensation of ₹ 25,000/- has been added to each case and consequently, the heirs of each of the deceased above 10 years of age, have been granted compensation to the tune of ₹ 1,57,000/- each. In case of the death of an infant, there may have been no actual pecuniary benefits derived by its parents during the child's lifetime. But this will not necessarily bar the parents' claim and prospective loss will found a valid claim provided that the parents establish that they had a reasonable expectation of pecuniary benefit if the child had lived. This principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the compensation amount for the children between the age group of 5 to 10 years should be three times. In other words, it should be ₹ 1.5 lakhs, to which the conventional figure of ₹ 50,000/- should be added and thus the total amount in each case would be ₹ 2.00 lakhs. So far as the children between the age group of 10 to 15 years, they are all students of Class VI to Class X and are children of employees of TISCO. TISCO itself has a tradition that every employee can get one of his children employed in the Company. Having regard to these facts, in their case, the contribution of ₹ 12,000/- per annum appears to us to be on the lower side and in our considered opinion, the contribution should be ₹ 24,000/- and instead of 11 multiplier, the appropriate multiplier would be 15. Therefore, the compensation, so calculated on the aforesaid basis should be worked out to ₹ 3.60 lakhs, to which an additional sum of ₹ 50,000/- has to be added, thus making the total amount payable at ₹ 4.10 lakhs for each of the claimants of the aforesaid deceased children. So far as the eight other persons who died, belonging to the other category, Shri Justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stice Chandrachud has also noted the statement of the counsel appearing for Tata Iron and Steel Company, that if any burn victim produces the advice of a burn-expert doctor for any further medical or surgical treatment in India, TISCO is prepared to bear the expenses of the said treatment. The materials produced indicate the anxiety and steps taken by the company officials in making available the services of doctors from Delhi, Bombay, the U.K., U.S.A. and Italy and the injured patients were referred to hospitals in Delhi, Bombay, Madras and Bangalore. Even some of the injured patients were sent to the U.K., U.S.A. and Paris for cosmetic surgery at the Company's expense. In examining the question of damages for personal injury, it is axiomatic that pecuniary and non-pecuniary heads of damages are required to be taken into account. In case of pecuniary damages, loss of earning or earning capacity, medical, hospital and nursing expenses, the loss of matrimonial prospects, if proved, are required to be considered. In the case of non-pecuniary losses, loss of expectation of life, loss of amenities or capacity for enjoying life, loss or impairment of physiological functions, impairment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for losses. It, Therefore, appears to us that under the doctrine of strict liability and public law, the liability would be there even if there was no negligence on the part of the respondents. We have already observed above that by this judgment we are not in any way holding any person or authority negligent or responsible for the fire which had taken place as the same is a matter which is required to be determined in the trial after evidence is recorded, however, we still feel that there were clearly a lack of care on the part of the authorities in providing and maintaining all standards of public safety and the approach on the part of everyone concerned was wholly casual and the safety standards were thrown to winds. Despite there being clear violations and deviations of the Cinematograph Act and the rules framed there under; despite the transformer not being maintained in accordance with the standards fixed not only under the rules but also by the Delhi Vidyut Board and despite their being violation of the building bye-laws, the authorities ignored each one of these violations and showed scant respect to the safety of the persons visiting the theatre. The fact that safety sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices rendered to the house by the housewives which has been arrived at cannot be less than ₹ 3,000/- p.m. or ₹ 36,000/- p.a. and the same would apply to all the housewives between age group of 34 to 59 namely those women who were active in life and to this income arrived at appropriate multiplier has to be applied depending upon the age of the victim to arrive at just compensation. Insofar as the children of the age group of 10-15 were concerned, Justice Y.V.Chandrachud (Retd.) having found their contribution to their family @ ₹ 12,000/- p.a. applied the multiplier of 11 depending upon the age of the father and adding conventional compensation of ₹ 25,000/- to each case, granted compensation to the tune of ₹ 1,57,000/- to each of them. However, in the case of an infant, the Court held that there might not have been any actual pecuniary benefit derived by its parents during the lifetime but that would not necessarily bar the parents' claim and prospective loss found a valid scheme provided that the parents establish that they had a reasonable expectation of pecuniary benefit if the child had lived. At the same time, the Court held that a mere speculativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,20,000/- per annum. Applying the multiplier 15 prescribed in the second schedule to the Motor Vehicles Act, in our view, relatives of each one of the victims would be entitled to compensation of ₹ 18,00,000/- (Rupees Eighteen Lacs only). Insofar as the children mentioned in Annexure-B are concerned, in our view, the relatives of each one of the said child would be entitled to a lumpsum compensation of ₹ 15,00,000/- (Rupees Fifteen Lacs only). We also direct that the relatives of the deceased as well as the persons injured in fire will also be entitled to interest at the rate of 9% per annum from the date of filing of the petition on the amount of compensation assessed by us. The respondents, above-named, are granted two months time to pay compensation with interest and till such time the compensation is paid, respondents 11 and 12 will have no right to transfer, assign or create third party rights in the cinema building. In case of non-payment of compensation within the period fixed by us, the amount can be recovered by execution as a decree by sale of the cinema building or in any other manner in accordance with law. 97. We have arrived at the compensation on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the deceased and to those who were injured in the incident, ₹ 50,000/- each to the next of the kin of those who were died; ₹ 20,000/- each to those who received grievous injuries and ₹ 10,000/- to those who received simple injuries. It is further stated in the additional affidavit that while replying to a question in Rajya Sabha on 30th July, 1997, the Union Home Minister had assured the House that ex gratia payment in respect of those who lost their lives in the uphaar cinema incident would be increased to ₹ 1 lac per head. The matter was, accordingly, taken up for release of the enhanced ex gratia amount payable to the victims from the Prime Minister Relief Fund. It is submitted that based on the proposal, the ex gratia amount was enhanced in the case of death from ₹ 50,000/- to ₹ 1 lac; from ₹ 20,000/- to ₹ 50,000/- in the case of grievous injuries and from ₹ 10,000/- to ₹ 25,000/- in the case of simple injuries and a sum of ₹ 49.30 lacs was released to the Government of NCT of Delhi for disbursal to the victims of the incident. From the amount assessed by this Court for payment as compensation, the amount a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mely assistance to such victims who at the time of the accident find themselves in a helpless position and there is no one to look after them. The Director, All India Institute of Medical Sciences, has filed an additional affidavit stating inter alias that keeping in view the advancement of medical science, the idea of establishing a well equipped centre for trauma care was mooted and with that end in view the Institute was given land near Raj Nagar, New Delhi measuring 14.34 acres at a cost of ₹ 99 lacs which amount was paid in March, 1996 and possession thereof was taken on 29th January, 1986. It is stated that later on in the year 1988 on the recommendations of the then Lieutenant Governor of Delhi, the said project was handed over to Delhi Administration and the ambulance services were also started by them. In the year 1991 the then Health Minister took up the matter again with the then Lieutenant Governor wherein it emerged that it was not feasible for the Delhi Government to construct and equip the centre due to financial constraints. It was also felt that the apex centre should be part and parcel of the multi disciplinary hospital like AIIMS or Safdarjung and the land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations all over the city. It is submitted that at the time of uphaar tragedy, the CATS were in existence and the police officers were aware of the telephone numbers of CATS and even wireless sets were functioning in five police districts as well as police headquarter; 13 CATS ambulances along with 26 para-medicos reached the uphaar site between 50 to 55 minutes. He reiterated about the ambulances being linked through Motorola Radio Trunking Wireless Communication Equipment, etc. It was stated that the hospitals under the Government of Delhi are fully equipped to provide basic facilities like Oxygen, etc. In his additional affidavit filed by the Additional Secretary Health, information was provided about the availability of services under CATS. It was stated that the CATS was an autonomous body providing 24 hours accident trauma and medical services in all emergency cases brought to its notice and that the same functions under the overall control of Government of NCT of Delhi and provides the following services :- i) It is a 24 hours accident and trauma service attending all kinds of accidents and medical emergency cases; ii) At present CATS has 35 ambulances operating from 35 loc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r ventilation I.e. free movement of air around all the four sides for the efficient cooling of the transformer. Their should be appropriately sized inlet and outlet opening for air calculation. If not practicable, then sufficient number of exhaust fans should be provided. ii) The transformer should be kept well away from the wall as per norms mentioned. iii) The entrance to the room shall be provided with fire resisting doors of 2 hours fire rating. iv) A curb (sill) of a suitable height shall be provided at the entrance of the room irrespective of the rating of the transformer and their location, in order to prevent the flow of oil from a ruptured transformer into other parts. v) Direct access to the transformer room shall be provided from outside. vi) The transformer shall be protected by an automatic high velocity water spray system or by CO2 or BCF or BTM fixed installation system or oil less transformer (Dry type) should be recommended for basement and even for sub-station located in the stilt or ground floor. vii) The transformer room should be separate from the main building and if in the existing installation, if is not possible because of the space constraint the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and should be designed in such a way that the smoke/hot gases do not enter any part of the building. 5. Exist signs should be properly installed and should have separate system for illumination with battery backup as the dark smoke reduces the visibility and misguides the occupants during escape in case of fire. 6. The cables running through roof/wall should be protected by cable penetration seal system of appropriate rating as per the UL/ASTM/Specification. 7. The escape route should be pressurised to avoid any ingress of smoke/gases for the safe escape of people. 8. Ventilation duct provided for circulation of the conditioned air and returned air should have fire dampers at all the tactical locations, if possible the duct should be designed with one hour fire resistant rating. 9. The transformer should be separated from other rooms on the same floor by fire resisting wall having a fire resistant rating of one hour. Similarly the entry of the transformer should have a fire door of four hours rating and should generally open out of the building. 10. For the circulation of the air in the transformer room mechanical arrangements may also be made. 11. In side the bui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Delhi Fire Prevention and Fire Safety Rules, 1987, following minimum standards for Fire Prevention and Fire Safety measures are to be observed for buildings more than 15 meters high otherwise, there is provision in the said Rules under which the Chief Fire Officer can seal the building in case of violation not being rectified. 1. Means of access. 2. Underground/Overhead water static tanks. 3. Automatic sprinkler system. 4. Firs Aid Hose Reels. 5. Fire Extinguishers of ISI Certification mark. 6. Compartmentations. 7. Automatic Fire detection and alarm system/manually operated Electrical fire alarm system. 8. Public address System. 9. Illuminated exit way marking signes. 10. Alternate source of electric supply. 11. Fire lift with fire men switch. 12. Wet riser down comer system. The Fire authorities are merely doing the annual inspection in a stereo type manner don't have the knowledge of the provisions of Delhi Fire Preventions and Fire Safety Act, 1986 and the Rules made their in. The Divisional Officer who conducted the last inspection of Uphaar Cinema in May, 1997 for granting the annual NOC failed to check the following fire safety provisions. --Acces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be held responsible for awarding the firemen in knowing the locations of underground water tank in their territorial jurisdiction. Simultaneously ensuring the supply of water at the site of fire incident. 5. The fire in the building/premises resulted in the spread of a lot of smoke. The Delhi Fire Service do not have equipment to control it. They must be equipped with portable smoke extractors with long pipes for extraction of smoke and carbon monoxide. 6. High rise buildings which have become a common feature of modern society present inherent fire hazards as fire brigades are often helpless in the face of fires in such structures and are unable to save human lives and fight fires effectively with traditional methods. Therefore, there is need for overall upgradiation of Delhi Fire Service with respect to modern equipments, communication facilities including voice recorder, increased manpower and training to fire personnel. 7. As mentioned earlier, most of the causalities in the fire incident took place due to noxious smoke rather than by direct burning. It has also been observed that rescue operation was affected by poor visibility due to smoke and limited availability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to provide public liability insurance for all buildings where a large number of people congregate or gather, for the purpose of providing immediate relief to the victims of accident occurring in these buildings. (ii) The Govt. may also consider to establish a fund to be known as "Fire Safety Fund", to which owners of the building shall contribute a sum which may be a certain percentage to the premium payable to the insurer. This Fire Safety Fund may be used for Fire Safety awareness and Research and Development in the field of fire prevention and fire safety engineering. Therefore, to incorporate the said provisions of "Public Liability Insurance". Delhi Fire Prevention and Fire Safety Act, 1986, may be suitably amended. Till such time provisions for compulsory public liability insurance are created, the building owners can be motivated to take Group Personal Accident Policy similar to that opted by Indian Railways for its passengers. It should be on the basis of the capacity of actual number of persons using/visiting that place. A claims tribunal on the lines of Railway Claims Tribunal can also be considered on a zonal level for speedy disposal of cases." 109. As alread ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et the financial requirements of bodies which are required to safeguard public health. B) It is also necessary that considering the number of theatres and auditoria functioning in the city, sufficient staff to inspect and enforce statutory norms should be provided by the Delhi Administration. C) We also recommend that the Delhi police should only be concerned with law and order and entrusting of responsibility of licensing on the police force is an additional burden upon the already over burdened city police force. D) We also accordingly recommend that the inspection and enforcement of the statutory norms should be in the hands of one specialized multi disciplinary body which should deal with all aspects of the licensing of public places. It should contain experts in the field of (a) fire prevention (b) electric supply (c) law and order (d) municipal sanctions (e) urban planning (f) public health and (g) licensing. Such a single multidisciplinary body would ensure that the responsibility of public safety is in the hands of a body which could be then held squarely responsible for any lapse and these would lead to a situation which would avoid the passing of the back. Today we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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