By IANS,
New Delhi : The Supreme Court Thursday reduced the amount of compensation for the 59 people who died in south Delhi’s Uphaar cinema hall fire in 1997, and also slashed punitive damages to be paid by cinema owners Ansal brothers from Rs.2.5 crore to Rs.25 lakh.
The decision came as a shock and a major setback for the victims’ families, who described it as “very, very disappointing”.
The bench headed by Justice R.V. Raveendran cut down compensation for those above 20 years from Rs.18 lakh to Rs.10 lakh while for those under 20 years, the amount has been reduced from Rs.15 lakh to Rs.7.5 lakh.
The court held Ansals and the erstwhile power utility Delhi Vidyut Board (DVB) as jointly and severally liable to pay the damages. The DVB was privatised in 2002.
While the cinema hall owners Ansals were asked to pay 85 percent of the compensation money to the families of the victims, the DVB was asked to pay 15 percent of the amount.
The apex court absolved the Municipal Corporation of Delhi (MCD) and Delhi Police from paying their liabilities. They were earlier directed by the Delhi High Court to pay 15 percent each of the compensation amount in its order of April 24, 2003.
The Supreme Court retained the part of the high court’s verdict that mandated payment of Rs.1 lakh as compensation to those injured in the June 13, 1997, fire incident.
Neelam Krishnamurthy, who lost two children in the blaze and is convenor of the Association of Victims of Uphaar Tragedy (AVUT), said she was “very, very disappointed with the verdict”.
“We had a long battle of 15 years…after today’s verdict, overall, I can say that we are very, very disappointed. This is not about money but the point is that if you want to bring in deterrence you must make those responsible to pay hefty damages,” she told reporters.
“We wanted people to get safer public places and the only way to do this was by putting pressure on corporates. The corporates are being benefited by such judgments. So, many more Uphaars will happen.”
“By exonerating the government agencies, there is a very strong message which is going down and that is — flout the rules as much as you want to and keep on giving away the NOCs (no objection certificates) without inspections, we are going to do nothing about you.”
“The Supreme Court has lost a very good opportunity of laying down a new law,” Krishnamurthy added.
Another aggrieved family member of a victim said: “The verdict means that Delhi Police and the MCD will continue to have a free hand in issuing NOCs in return of money.”
The blaze June 13, 1997, during the screening of the Hindi film “Border” claimed 59 lives and injured over 100 people in the subsequent stampede.
The fire was sparked by a blast in a transformer in an underground parking lot in the five-storey building in south Delhi that housed the cinema hall and several offices.
Sanjeev Sen, counsel for the MCD, said: “Now after this judgment, Ansals will pay 85 percent. The DVB has already complied with the court order and paid 15 percent while the court has set aside compensation to be paid by Delhi Police and the MCD.”
“Delhi Police have already paid certain amount as ex-gratia,” he told reporters.
The bench also issued a number of safety guidelines for theatre owners and government authorities.
It ordered screening of a short documentary film – showing dos and don’ts in case of any emergency arising out of fire – before a movie starts.
The court directed that the theatre staff should be properly trained in fire drills and evacuation and there would be mandatory half-yearly survey of theatres by the government authorities on safety measures.