Perne LPG tanker tragedy: High Court rejects plea to deduct ex-gratia from compensation
Bengaluru: The High Court of Karnataka has dismissed an appeal filed by National Insurance Company seeking deduction of government-issued ex-gratia payments from the compensation awarded to the families of 13 victims who died in the 2013 LPG tanker explosion at Perne in Dakshina Kannada district.
A single-judge bench of Justice P. Sree Sudha held that ex-gratia amounts released by the government constitute a form of social security support intended to mitigate the loss of income suffered by the affected families. The court clarified that such payments cannot be linked to, or adjusted against, statutory compensation awarded under motor accident claim proceedings.
The court stated that the ex-gratia amount paid by Hindustan Petroleum Corporation Limited (HPCL) could not be deducted from the compensation fixed by the Motor Accident Claims Tribunal (MACT). It further noted that the Supreme Court has already ruled that ex-gratia disbursements cannot be subtracted while calculating compensation.
According to the High Court, the explosion was triggered by negligence on the part of the tanker driver, and therefore the victims were entitled to claim compensation under the Motor Vehicles Act. The court directed the insurance company to deposit the entire compensation amount along with applicable interest.
Background of the incident
On 9 April 2013, an LPG tanker belonging to HPCL overturned near Perne village on the Mangaluru–Bantwal highway. The gas leak ignited a massive fire, killing 13 people and injuring several others. Residential buildings, commercial establishments, and multiple vehicles along the road were severely damaged.
Following the incident, HPCL and the state government distributed various relief amounts to the bereaved families and the injured. In December 2016, the MACT in Mangaluru allowed the compensation claims filed by affected families.
National Insurance Company later challenged the tribunal’s orders in eight separate appeals, arguing that the incident was essentially a fire accident and not a motor vehicle accident, and that the ex-gratia amounts already paid by HPCL and the government should be deducted from the compensation. The High Court has now rejected these arguments in its ruling.
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Former India hockey coach Michael Nobbs dies
Melbourne (PTI): Former Australian hockey player Michael Nobbs, who coached the Indian men's team at the 2012 London Olympics, has died after a prolonged illness.
He was 72 years old and is survived by his wife Lee Capes, a former Australian women's international and daughter Kaitlin, who is a current Hockeyroos star.
"Hockey Australia extends its deepest condolences to Michael’s family, friends, former teammates, players and all those whose lives and careers were shaped by his contribution to hockey. He will be remembered as a proud Kookaburra, a respected professional, and a servant of the sport," Hockey Australia said in a statement.
Nobbs represented Australia as a defender, playing across the half-back line and at fullback, and was renowned for his reliability, fitness and professionalism. He earned 76 international caps for Australia between 1979 and 1985, scoring one goal, and was a member of one of the strongest eras in Australian men’s hockey, said Hockey Australia on its website in its tribute.
Nobbs was an integral part of the Australian teams that competed at the 1981 Hockey World Cup in Bombay and the 1984 Los Angeles Olympics.
While part of a generation widely regarded as one of Australia’s finest, he consistently held his place through hard work, discipline and trust earned from teammates and coaches, Hockey Australia wrote.
Nobbs took over the coaching of the Indian men's team in 2011 after it had failed to qualify for the Beijing Games in 2008. While India were brilliant in the qualifiers, the team finished last at the London extravaganza which also expedited the Australian coach's sacking.
Apart from India, Nobbs also coached Japan.
