The Kerala State Road Transport Corporation (KSRTC) on Friday sought to constitute a claim commissioner as suggested by the Supreme Court to assess the damage caused to its property, including buses, during the hartal held on January 3 and to recover the damages from the persons concerned.
A hartal was held in the State on January 3 in connection with the entry of young women into the Sabarimala temple.
In an affidavit filed before the Kerala High Court, the KSRTC pointed out that the Supreme Court had held in the Kodungalloor Film Society vs Union of India case that persons who had instigated, promoted and caused damage to public or private property were liable to pay compensation for the damage.
The KSRTC pointed out that in another case, the Supreme Court had held that whenever a mass destruction of property took place due to protests, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation.
The Supreme Court further held that the High Court or Supreme Court could appoint a sitting or retired district judge as the Claims Commissioner to estimate the damage and investigate the liability.
Damage put at ₹3.5 cr.
The affidavit pointed out that during the hartal, the agitators had damaged 99 buses, causing a combined loss of ₹3.5 crore. These buses had to be kept at the workshop for several days, causing further loss to the KSRTC. The affidavit was filed in response to a writ petition seeking to recover compensation for the damage caused to the KSRTC buses from the persons who had called for hartal.
According to the petitioner, the hartal on January 3 had resulted in loss of public and private property.