Indian Kanoon - Search engine for Indian Law

In order to deliberate on the above given Terms of References (ToR), the Committee, inspected the mine sites, had examined various documents like mine lease, Environmental Clearance and the compliance status with the prevailing regulations and guidelines etc., Based on the above, each ToR has been deliberated in detail and following are the observations/comments:

5.1 Ascertain the cause of the accident said to have happened in that area Shri Chandappa,Father of the deceased girl Ms.Sridevi, along with the few villagers -ShriSugureshgouda, Shri Ramesh patil, Shri Reddyyappagouda, Shri Somanathgouda, Shri Venkanagouda, Shri Amathyannagouda, Shri Veereshgouda, Shri Shankargouda,Shri Nagappa, Shri Yallappa, Shri Vasudevnaikmet the Joint Committee and produced an affidavit and made an oral statement. According to the affidavit and the oral statement, her daughter Ms Sridevi has accidently drowned in the Krishna River at Joladahedagi Village on 14.03.2020 and it was not occurred inside mining lease area.Shri Honnappa who resides in his village introduced Dr.SarvabhoumBagalito him stating that he is a social welfareworker and they assured to get funds under Ashrayascheme for his family from the Government in view of theaccidental death of her daughter. Shri. Honnappa and Dr.SarvabhoumBagali had executed an affidavit on 06.07.2020 andgot his thumb impression. Since he has not done any schooling, cannot read or write in any languageand hence could not verify the contents in the affidavit. Later, came to know that Dr. Sarvabhoum Bagali has filed an application -O.A No: 366 of 2015 based on the alleged false/affidavit. He has further informed that he has never stated that the death of her daughter was due to drowning in a sand mining block pit, concerned Police officials and authorities have conducted investigation and had concluded the same. Therefore, he has executed another affidavit on 21.07.2020 withdrawing the affidavit dated 06.07.2020 and declaring it to be invalid. The place shown by him to the Committee where Ms.Sridevi accidently drowned is north of the Joladhahadgi Blocks.

It is noted from the affidavit and statement of Shri Chandappa father of the deceased girl that his daughter has accidently drowned in the Krishna River at Joladahedagi Village, and not in mining lease area. Copy of the affidavit of Shri Chandappa dated 21.07.2020 is enclosed at Annexure-I. The FIR filed in Deodurga Police station, Raichur also states that the girl has accidently drowned in the Krishna River.Copy of the FIR in Kannada and its English translation are enclosed at Annexure-II and III.

As regards the compensation payable towards the death of a girl, it was noted from the records that the death happened in the river and not in the mining area.

6.0 CONCLUSION AND RECOMMENDATIONS After detailed deliberation, the Joint Committee has made the following conclusion and Recommendations:

o According to the site visit and records produced before the Committee viz, affidavit of Shri Chandappa father of the deceased girl, the girl has accidently drowned in the Krishna River at Joladahedagi Village, and not in mined pit / inside mining lease area. Hence, the Committee has not calculated any compensation.