No word on compensation yet, blast 'victims' lose cool | Kochi News - Times of India
Source: The Times of India
Author: T C Sreemol
KOCHI: As per the latest count, 289 houses have been damaged, 10 severely, in the powerful explosion at a shed in a thickly populated Choorakkad neighbourhood near Tripunithura where firecrackers meant for a temple festival were being unloaded on Monday, but there is no talk on compensation or financial help to the affected until now.
Around 250 of the blast 'victims' gathered at the Pavamkulangara Kudumbi Seva Sangham office on Tuesday evening to discuss compensation and the way forward. They said they were not victims of any natural calamity or epidemic, but a manmade disaster.
"We have no option but to move legally against those responsible for the blast that not only damaged household goods, but also weakened the structure of several houses," said N R Das, one of the affected persons.
"We are awaiting a detailed report from the civil engineers who carried out a preliminary assessment of the damage," said Pavamkulangara Road Residents Association secretary Ajith Kumar.
As people's anger grew on Tuesday, Tripunithura municipality demanded the state revenue department compensate people for the loss, but the district administration has been tight-lipped.
Tripunithura municipality chairperson Rema Santhosh said the local body does not have funds to meet the expenses of such magnitude."We will hold a meeting with district disaster management officials to discuss how we could address the plight of the people who have been forced to suffer due to the mishandling of the explosives by the festival organizers of the temple," said Santhosh. The Puthiyakavu Bhagavathy temple devaswom officials are either in custody or absconding.
Revenue officials are assessing the damage caused to the houses. "We will submit a damage-assessment report to the state govt and it is for them to decide on compensation," said officials with the district administration and the disaster management authority.
Legal experts said govt can provide compensation on compassionate grounds. Victims can also approach court and file a civil suit demanding compensation by making the police, govt and those responsible for the disaster as respondents.
"When a fireworks display is held, the organizers should bring it under insurance cover to give security to the public and the buildings around the venue. When a disaster happens, the district magistrate should conduct an enquiry first as per Section 8 of the Explosives Act. The govt gives compensation in some cases on compassionate grounds, but that is not its statutory liability. Those who were responsible for the disaster should pay. If they are not ready, then the govt should attach their property to give solatium. A victim can file a civil suit and realize the amount from the people responsible," said a legal expert in Kochi.
Justice J B Koshy said the govt should first compensate the victims and then collect the amount from those responsible for the disaster (in this case devaswom officials and festival organisers).
"The district collector or state govt can give compensation as per Section 66 of the Disaster Management Act. The amount can also be released from the chief minister's relief fund. Victims can also approach the court for compensation and add the state and the police as respondents stating that the latter's inaction led to the disaster. Victims should prove it in court. The govt can attach the properties of the people responsible for the disaster," said high court lawyer P Krishnadas.Pavamkulangara Road Residents Association also plans a legal fight to stop use of firecrackers during religious festivals.
(With inputs from Sivadas Varma)