NGT directs Jindal Steel to pay Rs 20 lakh compensation each to kin of 2020 blast victims

The National Green Tribunal (NGT) has directed Jindal Steel and Power Limited (JSPL) to pay a compensation of Rs 20 lakh each to the heirs of two workers who died due to a blast on its premises in Patralapli village in Chhattisgarh's Raigarh district on June 10, 2020.

The tribunal has also directed JSPL to pay a compensation of Rs 5 lakh each to two workers who suffered burn injuries in the incident and observed that the company did not show the "concern" that was expected from a responsible business entity.

The NGT had initiated suo-motu proceedings in the matter on the basis of a media report. According to police, the blast had occurred when the workers were cutting an old diesel tank with a gas cutter at a scrap yard.

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"The heirs of the deceased will be entitled to an amount of Rs 20 lakh each and the injured will be entitled to Rs 5 lakh each, payable by JSPL within a month. In default of payment, the district magistrate may take coercive measures for recovery, including disconnecting electricity," a bench of Chairperson Justice A K Goel said.

The bench, also comprising judicial member Justice Arun Kumar Tyagi along with expert members A Senthil Vel and Afroz Ahmad, requested the State Legal Services Authority to provide the necessary legal aid in the matter.

"This order will not debar any other civil or criminal liability of JSPL. We further direct the Directorate of Industrial Safety and Health (DISH) to audit the safety norms adopted by the unit so that such incidents do not reoccur in the future," the bench said.

Observing that the workers were "denied fair treatment and justice", the bench said the NGT is a forum of limited jurisdiction, but there is no bar from highlighting patent injustice to poor victims before it.

It further said it was "established" that the deaths of the two workers and the burn injuries to the two surviving workers were on account of the establishment's failure to follow environmental safety norms.

"A commercial establishment undertaking hazardous activities has absolute financial liability for injuries or loss of life to anyone and such liability is apart from the liabilities under other laws, including criminal offences," the bench said.

It observed that "unfortunately", no proceedings under the Indian Penal Code (IPC)were initiated and the only prosecution was against the managers under the Factories Act, who were let off with imprisonment till the rising of the court and a fine.

The tribunal said the injured were not paid any compensation as they did not lose any organ and the heirs of the deceased were not paid any compensation under the Workmen's Compensation Act.

"As a responsible business entity, JSPL is expected to show sensitiveness for loss of lives and injuries to persons on account of failure in following expected norms but unfortunately, they have chosen to raise technicalities and even two years after the incident, they have merely stated that they are willing to pay Rs 3 lakh, without undertaking to pay anything," it said.

"Mere expression of willingness instead of doing duty is nothing and we cannot help recording our observation that the establishment has not shown the concern expected from a responsible business entity," it added.

The green panel said it had come across a large number of cases of deaths and injuries on account of the failure of establishments undertaking hazardous activities without following safety norms and where the victims were denied justice.

"The statutory regulators fail to ensure compliance and also to make erring establishments duly accountable as appears to be the case here also," it said.

Kanhaiya Lal Poddar and Jayman Khellkon, who had suffered nearly 90 per cent burn injuries in the incident, died at a hospital on June 12, 2020, while Arvind Kumar Singh and Laluram survived with injuries.