New Delhi, Sept. 10: The Supreme Court today upheld Rs 80 lakh as compensation for 22 deaths during a 1993 pleasure boat ride organised by a Gujarat civic body, while seeking a separate law to determine damages for tragedies caused by negligence.

The compensation for the families of the victims, who died when their boat capsized in Vadodara’s Sursagar Lake, had been the fixed by the National Consumer Disputes Redressal Commission.

The city’s civic body and the contractor that ran the lake rides had appealed the order.

Today, a bench of Justices V. Gopala Gowda and A.K. Goel turned down the appeal but asked the Law Commission to suggest a “comprehensive legislation” to deal with such cases, saying there was no law at present to resolve claims arising from such tragedies.

“Constitutional courts have to, in suitable cases, uphold claims arising out of loss of life or liberty on account of violation of statutory duties of public authorities…in private law remedies, just and fair claims of citizens against public bodies have to be upheld and compensation awarded in Tort,” the bench said. Tort refers to the law of torts, which relates to civil wrongs that cause someone else to suffer harm or loss.

The court reiterated “ said “Where activity of a public body is hazardous, highest degree of care is expected and breach of such duty is actionable. This obligation is also referable to Article 21. We reiterate the need for a comprehensive legislation dealing with tortious liability of the state and its instrumentalities in such cases for certainty on the subject”. “We request the Law Commission to look into the matter and take such steps as may be found necessary.”

The court dismissed the appeal by the Vadodara Municipal Corporation, contractor Ripple Aqua Sports and the insurer Oriental Insurance Corporation to pay the compensation of Rs 80 lakh to the families of the 22 victims.

The tragedy occurred on August 11, 1993, when the boat, with 38 passengers against its capacity of 22, capsized, causing 22 of them to drown. The state consumer commission had held the Vadodara Municipal Corporation and the contractor, Ripple Aqua Sports, liable and awarded a total compensation of Rs 30 lakh. with interest @ 10% per annum from the date of the incident till payment. The State Commission determined the quantum of compensation ranging from Rs.50,000/- to Rs.10,76,000/- in respect of claims for death of 22 passengers. But the national commission enhanced it to Rs 80 lakh, prompting the civic body and the others to challenge the order.

But today, the apex court said it “did not find any ground to interfere” with the forum’s order. “It is not in dispute that the boat was carrying 38 passengers as against the capacity of 22,” Justice Goel, writing the judgment, said.

The court added that neither were lifeguards deployed nor life-saving jackets provided to the victims. The finding of negligence concurrently recorded by the State Commission and the NCDRC does not call for any interference. “Primary liability of the contractor stands established. The victims were consumers and the contractor was service provider. Deficiency of service stood established.”