Excelsior Correspondent
Srinagar, Feb 5: High Court today modified the decision of writ court and directed the Government to pay Rs 10 lakh along with interest to the victim of cross firing about 31 years ago.
The Division Bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul was hearing an appeal filed by the Government against the Judgment passed by the Single Judge in 2016 whereby the authorities were directed to pay an amount of Rs 15 lakhs as compensation to the victim-Ashiq Hussain Farash
Farash hailing from Harwan outskirts of Srinagar claimed before the court that he was hit by a bullet in cross firing between security forces and militants in December 1990 in Lal Chowk area wherein he suffered grievous injuries and was admitted in SKIMS, Soura and accordingly, a medical case of bullet injury on the right side of chest and right upper arm is stated to have been registered on 31st of December. He added that the injury resulted in loss of movement of his right arm and right hand, thereby rendering him handicapped for the whole of his life.
He accordingly, made a claim before the Government for seeking compassionate appointment and payment of compensation to the extent of Rs. 20.00 lakhs which was denied, constraining him to approach the court and the writ court while allowing his plea directed the authorities to pay an amount of Rs.15.00 lakhs as compensation to him.
Government counsel submitted that the victim was found entitled to ex-gratia compensation of Rs.25,000 which amount stands already paid to him as per Government Order dated 10th of July, 1990 and he has not, till date, challenged the Order dated 10th of July, 1990. DB after hearing both the parties said that it is admitted position that the victim has suffered bullet injuries during cross firing between security forces and militants which has rendered his right arm movement less as a result of the aforesaid unfortunate incident, he has been deprived to practice any profession or to carry on any profession, trade or business as guaranteed to every citizen of the country by application of the mandate of Article 19(g) of the Constitution.
“Thus, it becomes the duty of the authorities to adequately compensate the victim and agreed with the reasoning given by writ court in holding the victim entitled to compensation, however, the quantum of compensation of Rs.15.00 lakh, in the given facts and circumstances of the case; coupled with the mandate of the Scheme governing the subject, appears to be on the higher side”, DB said.
Follow our WhatsApp channel