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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Elderly woman killed, robbed on outskirts of Bengaluru
Bengaluru (PTI): A 69-year-old woman was allegedly murdered and robbed of her gold ornaments at her residence on the city’s outskirts while her paralysed husband was present, police said Thursday.
The incident occurred on Pete Street in Nelamangala, where Shobha lived with her husband, who is paralysed and bedridden, police said.
For the past decade, she had been the sole caregiver for her husband. The couple had no children and lived a secluded life, according to police.
A video from the scene showed the woman lying in a pool of blood, with her husband beside her on the same bed, they said.
The accused, Shivakumar, a wholesale shop owner who has been arrested in the case, allegedly targeted her to clear a debt of Rs 8 lakh, police said.
The crime came to light on Wednesday evening when her husband’s physiotherapist arrived for a scheduled session. Upon finding Shobha’s lifeless body in a pool of blood, the doctor immediately alerted the local authorities, police officials said.
According to police, at approximately 4 pm on the day of the incident, the accused, Shivakumar, a resident of the same locality, noticed Shobha wearing gold jewellery. He allegedly followed her to her residence with a premeditated plan.
Shivakumar entered the house under the guise of being thirsty, asking Shobha for a glass of water. Once inside, and believing she was alone, he attacked her. When Shobha attempted to resist, the accused allegedly slit her throat, a senior police officer said.
After the murder, Shivakumar fled the scene with more than 100 grams of gold jewellery worn by the victim, police said.
By analysing CCTV footage from the surrounding area, police identified Shivakumar and tracked him down, they added.
