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LATEST NEWS UPDATES | AMRI victims seek damages

AMRI victims seek damages

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published Published on Feb 1, 2015   modified Modified on Feb 1, 2015
-The Telegraph

New Delhi: Survivors and family members of the 93 people killed in the fire at Calcutta's AMRI hospital in 2011 have moved the Supreme Court seeking compensation between Rs 7 crore and Rs 9 crore each.

A bench of Justices S.J. Mukhopadhaya and A.M. Sapre yesterday issued notices to AMRI on the application moved by the victims, led by Paromita Guha Thakurta and others, challenging a National Consumer Disputes Redressal Commission judgment of November 17, 2014, that had dismissed their plea on grounds of "exaggerated" claims.

The apex court sought the response after counsel Vikramjit Banerjee, appearing for the victims, said the NCDRC had erroneously dismissed their plea without giving the appellants an opportunity to substantiate their case.

About 15 survivors and family members of the dead had moved the NCDRC for the compensation.

In their petition before the apex court, the applicants said most of those who lost their lives in the fire were the sole breadwinners of their families and that some of the victims were elderly citizens.

The petition said the hospital management was solely responsible for the loss of lives because the fire started in the annexe building that was meant to be used as a parking lot but had been converted into a storage space where combustible items such as chemical waste, diesel, oxygen cylinders and cotton were stored.

It recalled that the apex court in the Charan Singh v. Healing Touch Hospital & Others case in 2000 had ruled that "whether the claim of the appellant was 'realistic', 'exaggerated' or 'excessive' could only have been determined after the appellant had been given an opportunity to prove the case he had set up and established his claim under various heads. It was not fair to call his claim 'unrealistic'."

Hence, the petitioners contended, the NCDRC should not have dismissed their claims.

The NCDRC had said in its order: "It is significant to note that irrespective of the age of the deceased/victim, their financial status etc., all the complainants have claimed almost the same amount of compensation, ranging between 7,00,00,000 to 9,00,00,000/under identical heads."


The Telegraph, 1 February, 2015, http://www.telegraphindia.com/1150201/jsp/nation/story_11023.jsp#.VM42KS7xxpA


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