Statutory compensation not charity: Madras High Court enhances compensation for fishermen who lost boats in Cyclone Gaja

The Madras High Court recently enhanced the compensation initially awarded by the State to two fishermen whose fishing boats had been damaged in Cyclone Gaja in 2018. [S Senthilkumar v. The Director of Fisheries].In a judgement passed on December 16, Justice GR Swaminathan of the Madurai Bench held,"Compensation paid to citizens under statutory schemes or, government orders is not a "bounty, dole, or charity," but involves one's Fundamental rights to life and liberty."While the State government had awarded them a compensation of ₹12,000 and ₹17,000, the Court enhanced it to over ₹1.3 lakh each for the two fishermen..The two fishermen had approached the High Court seeking that the compensation amount awarded to them by the State be enhanced.The State government had told the Court that after assessing the damage to their boats, it was realised that only the nets of the two boats had been torn, and their engines had been damagedIt also said that the petitioners were trying to "use" the incident to "enrich" themselves..The High Court, however, took strong exception to the State's submissions.It said that the norms of payment of statutory compensation must be enforced objectively. The assessment of damage should be made by experts and if one's claim for compensation is denied, the authorities must give valid reason for the same, the Court said. "The compensation payable to the claimants in terms of the statutory scheme or the government orders is not a bounty or dole or charity. We are a welfare State. Therefore, the norms for payment of relief assistance must be enforced in an objective manner. The rights guaranteed under Article 14 and 21 of the Constitution of India are involved. The assessment process cannot be arbitrary," the Court said. .The Court further said that when natural disasters struck, the welfare state must assume the role of parens patriae or guardian of citizens, and it must help them get back on their feet. "The issue is critically important. We are living in the era of climate change. The world is prone to extreme weather conditions. Natural disasters such as cyclones may strike at any time. During such calamitous situations, the State has to assume the role of parens patriae. The State cannot abdicateits responsibility," the judgment stated..The Court went through the latest government orders which prescribed a compensation amount of ₹1.5 lakh to owners of fully damaged fibre-reinforced plastic boats akin to the ones owned by the petitioners. It noted that the manner in which the assessment was done leaves much to be desired. It thus held,"The nature of damage suffered by the petitioners has not at all been particularized. The description given is cryptic and absolutely insufficient. The petitioners have made out a case for grant of relief. They shall be paid a further sum of Rs.1,38,000/- and Rs.1,33,000/- respectively within a period of eight weeks from the date of receipt of copy of this order.".Advocate J Shakila appeared for the petitioner fishermen. Special Government Pleader AK Manikkam appeared for the respondent State authorities..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.