[Toxic Liquor Deaths] Prima Facie State Govt liable to pay compensation: Allahabad High Court

A bench of Justices Surya Prakash Kesarwani and Saurabh Srivastava of the Allahabad High Court while hearing writ petitions filed by successors of men who died after consuming poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop, prima facie opined that its State's responsibility to pay the compensation.

"...prima facie, the State Government, having complete control and regulation to manufacture and sale of liquor under the U.P. Excise Act, 1910 and Rules framed thereunder; is also liable to pay a specified amount to the sufferer or successors of the deceased under the provisions of 'Mukhya Mantri Kisan Evam Sarvhit Bima Yojna' which provides for compensation on account of death or permanent disability due to poison etc.," the bench observed.

However, granting two weeks' time to the Chief Standing Counsel for the State Government to file a counter affidavit to the pleas on behalf of the State through an officer not below the rank of Secretary, Court posted the matter on September 9, 2022, for further hearing in the matter.

For its prima facie opinion, Court relied on a division bench judgment of the high court in Oriental Insurance Co. Ltd vs. Uma Devi and 2 others(2020) with respect to the aforesaid "Mukhya Mantri Kisan Evam Sarvhit Bima Yojna".

Nine widows whose husbands and a son whose father had died in Azamgarh district of Uttar Pradesh last year due to consumption of poisonous country/foreign made liquor purchased from Licensed Retail Vend Country Liquor Shop, moved the high court seeking relief. A man who also purchased liquor from a licensed shop and on consumption lost his eye's vision, was also among the petitioners.

It was an admitted fact that all the consumers had purchased liquor from Licensed Retail Vend Country Liquor Shops which were sold by the licensees to them as branded liquor.

A case was filed against the vendor as well and as per the chargesheet filed by the State under Section 60 (A) of U.P. Excise Act and Sections 419, 420, 467, 468, 471, 272, 273, 120B of the Indian Penal Code, the licensed vendors, and certain other persons were involved in manufacture and sale of poisonous liquor.

The petitioners sought compensation for their loss on the ground that the deceased were sufferers due to consumption of poisonous liquor purchased by them from Licensed Retail Vend Country Liquor Shop.

Case Title: Rani Sonkar And 10 Others v. State Of U.P. And 3 Others