- (1.) - In implementation of the assurance given to this Commission by the learned counsel appearing on behalf of the State Government of West Bengal on the date of the previous hearing of this case, counsel has filed before us a scheme which the State Government proposes to implement for the rehabilitation and treatment of the persons affected by the tragedy whose names have been listed in the Medical Expert Board's report filed before the Commission on the last occasion. The scheme also mentions the amounts of ex-gratia payments which are proposed to be made to those categorised in the medical Board's report as "very severely affected" and "severely affected". We are happy to record our profound sense of appreciation of the commendable attitude of cooperation and assistance that has come forth from the State Government of West Bengal and the Calcutta Municipal Corporation and this has made our "task considerably easier in resolving what is essentially a very unfortunate humanitarian problem.
(2.) IT was pointed out to us by Mr. Mathur, appearing on behalf of the complainant as also by Mr. Mohammed Barsed Ali, one of the unfortunate victims who has suffered severe disability as a result of the consumption of the adulterated rapeseed oil, that the scheme filed by the State Government does not specify the amounts that are proposed to be awarded by way of "disablement pension" "education grant" and "transport grant". On going through the scheme, we find that this submission is correct and justified. We have requested Mr. Amal Dutta, learned advocate appearing for the State whose valuable assistance we have had in this matter, to himself fix reasonable amounts to be paid by way of disablement pension education grant and transport grant. Mr. Amal Dutta has very fairly agreed to undertake this task and we are sure that the amounts fixed by him will be quite reasonable after duty taking into account all the facts and circumstances relating to the case and the prevailing general cost of living. The disablement pension education grant and transport grant should be continued to be paid monthly to the concerned victims of the tragedy until they are certified by medical authorities to have been restored to a state of normally. The recommendations made in the scheme as regards the amounts of compensation to paid to the different victims enumerated in the said scheme appear to us to be adequate and fair except in the cases of Mr. Amiul Haq (Sl. No. 10) and Mr. Md. Barsed Ali (S. No. 69 ). In respect of Mr. Amiul Haq (Sl. No. 10), it is stated in the last column of the scheme which sets out the recommendation of the committee that the rehabilitation scheme as regards this victim is to be considered 'after treatment'. We do not think that it is just or fair that until after the treatment is over, this victim's family should be denied any financial assistance. Responding fairly and positively to the suggestion made by us in this regard, Shri Amal Dutta stated before us, that the Government are prepared to give Mr. Amiul Haq (Sl. No. 10 in the scheme) disablement pension commencing from the month of January, 1990. Mr. Mohammed Barsed Ali (Sl No. 69), is a legal petitioner who had served for sometime as a judicial officer in the State Judicial Service of West Bengal and has set up legal practice after resigning from the said service. Unfortunately, he is one among the victims classified by the medical Board as "seriously affected" by this tragedy and his present condition is that he is unable to stand up or move about without external assistance because both his legs are partially paralysed. Counsel for State Government agreed before us that in addition to the provision of a motorised tricycle and giving transport grant, he will also be given disablement pension. We record this submission. A suggestion was made by us to the learned counsel for the State of West Bengal and the Municipal Corporation of Calcutta that having regard to the legal qualifications and experience of Mr. Mohammed Barsed Ali, it would be a good gesture if the Government and the Corporation - will provide him with some legal work, such as drafting, which he may be able to perform while sitting at home. The counsel for the State Government of West Bengal and the Municipal Corporation of Calcutta have very fairly accepted this suggestion and agreed to implement it. It addition to what has been stated in the scheme, it has been made clear before us by counsel for the State Government that the equipments and the types of treatment specified against the names of. each of the victims in the Medical Expert Committee's Reports will be made available to them free of charge. A grievance was voiced before us by Mr. Mehta General Secretary of the Consumer Unity and Trust Society (Petitioner in this case) that inspite of the two interlocutory orders passed by this Commission, no action has, so far, been taken by the State Government of West Bengal to provide the patients with vitamin tablets and protein supplements. The learned advocate appearing on behalf of the State Government, has undertaken that this omission will be immediately rectified and all the victims who are in need of such treatment will be supplied vitamin tablets and/or protein supplements by the Superintendent, Vidyasagar Hospital, if the concerned victims approach him on any date after the 7th of January, 1990. The supply of tablets and protein supplements should be continued until the Medical officer considers, after examination of the patient, that they do not any longer require the administration of such tablets and supplements. In regard to victims who are stated to have died as a result of the consumption of the adulterated rapeseed oil, either the complainant society or the families of those victims may make representations to the State Government and we feel no doubt that such representations will promptly receive just, fair and sympathetic consideration at the hands of the Government. As regards the case of Mr. Ashok Dass (item No. 22 of the Medical Expert Committee's first Report) who has suffered 'severe neuro-deficit' due to cerebral palsy and whose case has not been referred to in the Rehabilitation Scheme submitted before us, it has been agreed before us by the learned counsel of the State Government, Shri Amal Dutta, that this patient will, in addition to free medical treatment, be given disablement pension by disbursing the same to his family and such pension will be continued to be given until such time as he gets over his extreme disability.
(3.) IF any difficulty is experienced in the matter of working out this order, the petitioner society may bring it to the notice of the State Government and we have no doubt that immediate action will be taken by the State Govern-ment to sort out the matter. Before parting with this case, we should* place on record our grateful appreciation of the valuable assistance rendered to the Commission by the counsel appearing on both sides as also by the ' representative of the consumer organisation which alone has enabled us to mitigate, to a limited extent, the enormous agony and suffering of the unfortunate victims of this oil tragedy. We make it clear that the disposal of this case by this order will not in any way operate to preclude the petitioner or the victims of the tragedy from pursuing any other remedy that may be entitled to under law as against the persons who were conducting the two ration shops and also against the keeper of the concerned godown. . ;