improper assessment report need to be scrapped
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2022
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
WP (MD)Nos.11033 & 11034 of 2019
S.Senthilkumar ... Petitioner
in W.P.(MD)No.11033 of 2019
M.Thetchinamoorthy ... Petitioner
in W.P.(MD)No.11034 of 2019
Vs.
1. The Director of Fisheries Department,
Thanjavur & District.
2. The Joint Director of Fisheries Department,
Nagapattinam & District.
3. The District Collector,
Thanjavur & District.
4. The Inspector of Fisheries Department,
Mallipattinam,
Thanjavur District.
Thus, the assessment report is a basis on which compensation is paid. It
cannot be prepared casually or arbitrarily. When norms have been laid down
for quantifying relief assistance, an objective approach has to be adopted.
Of course, the Government cannot be expected to engage licensed loss
assessors for disbursing compensation to the victims of natural disaster. But
the broad principles that underlie the process of loss assessment by insurers
are applicable when the authorities assess damage suffered by citizens during
natural calamities. The G.O provides for payment of Rs.1.50 lakhs in case of
total damage of fiber boats and Rs.20000/- in case of partial damage. When
the claimant asserts that his boat has suffered total damage, the inspecting
team has to assign reasons for rejecting his claim.
9.The inspection team must have at least one official who is having
some experience in the field of loss assessment. The team should conduct
spot inspection. The affected party must be present. The assessment must be
done with reference to the claim particulars. Inspection notes must be
prepared at the time of inspection. Its contents must be explained to the
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victim. His signature or thumb impression must be taken. If the claimant
disagrees with the view of the inspection team, that must also be recorded.
Photographs must be taken. The damaged object must also be videotaped.
The inspection report must describe the nature and extent of damage. It
cannot be generally described as partial or total. Such description would
suffer from the vice of vagueness. The authority competent to disburse
compensation will apply his mind to the view expressed by the claimant at
the time of inspection. If there is considerable variance, all the relevant
particulars will have to be scrutinized. A wholesale approach cannot be
adopted. In the very nature of things, the process of assessment and
disbursement of compensation will have to be individualized when the relief
assistance norms provide therefor. In other words, it has to be tailor made for
each claimant. 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 authorities must be conscious of the fact
that the policy of the government is to enable the affected individuals to
stand on their own feet. Fiber boats in this case are a means of livelihood.
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10.Judged by the aforesaid yardstick, the assessment reports filed by
the respondents deserve to be scrapped. It is in mere excel format. 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 orde