Bombay High Court urges BMC to grant compensation to family of two kids who drowned in public water tank

The Bombay High Court on Monday urged the Brihanmumbai Municipal Corporation (BMC) to provide ad-hoc compensation to the family of two children who accidentally drowned in a poorly covered water tank in a public garden in Mumbai..A Bench of Justices GS Patel and Kamal Khata said that the compensation would in no way make good the loss, but it was only desirable that the family got something under the law.“It is a horrible thing. Somehow you have to explain to him (father). What has befallen to a couple is unimaginable. We are not suggesting that by pushing some money their way, the loss will be made up. We just want them to get something under law,” the Court said..The Court was hearing a public interest litigation (PIL) it had initiated suo motu based on three newspaper articles about the incident, which highlighted negligence on the part of the civic authorities..During the hearing, the Court asked whether the State government had any structure for compensation in cases of deaths due to negligence by civic bodies."If you (government) don't have a structure, liability is open-ended...There has to be some basis on which the compensation part can be reasonably addressed. There is also a question of responsibility of corporation and individual officers," the Bench orally remarked.It, however, did not pass any order related to compensation to the family, but listed the matter for directions on April 23..On April 4, the Court took cognisance of three newspaper articles, including one titled Life comes cheap for India's richest corporation.The articles reported missing children who were found dead in a poorly covered water tank on April 1.In its previous order, the Court deduced that it was inconceivable that a municipal corporation could have no responsibility or liability for an accident or a death that had been caused due to its negligence."These three news reports raise a question of public law. What is the price of a human life in this city? Are the so called “budgetary constraints” of the BMC an answer for a failure to provide minimal safety precaution during civic works? There will be issues regarding civic responsibility, questions of negligence and financial responsibility as well, not just for the individual officers of the BMC, but also for the Corporation as a body," the Court observed.