HC Upholds ₹1 Million Compensation To Cross-Firing Victim

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has dismissed a plea challenging its single bench order, directing Rs 10 lakh as compensation to the Helper in Forest Department whose arm was amputated following firearm injury during cross-firing incident in 2000.

The High Court's Single bench on 9 June 2023 had directed payments of Rs 10 lakh compensation to the helper, Jehangir Ahmad Khan while disposing of a petition filed by him in 2015.

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According to the pleadings, Khan was serving as Helper in the Forest Department of the government of Jammu & Kashmir, when he became a victim of cross firing between the security forces and the militants in 2000. He was seriously injured in cross firing, which ultimately resulted in the amputation of his right arm.

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Subsequently, Khan had approached authorities for grant of compensation to him for the injuries which he suffered while serving in the Department of Forest. However, the authorities only released Rs. 75,000 as ex-gratia in his favour“which was too meagre to meet the expenditure of his treatment.”

In 2015, Khan moved the High Court, seeking directions to the authorities to provide Rs. 15 lakh by way of compensation for“85% permanent disability suffered by him”.

Read Also J&K HC Orders Compensation For Land Occupied By Army For 46 Years Kashmir Land Owners Appeal for Compensation From Defence Minister

After considering the rival contentions of the parties, the single bench granted a compensation of Rs. 10.00 lakh in lumpsum on 9 June 2023.

However, the government challenged this judgment which was dismissed by the division bench comprising Justice Sanjeev Kumar and Justice Puneet Gupta.

“Having heard the Counsel for the parties and perused the material on record, we are of the considered opinion that the view taken by the Writ Court (Single Bench), in the context of Article 21 of the Constitution of India, which guarantees life and personal liberty of a citizen, is unexceptionable,” the court said.

It is not in dispute that Khan suffered injury which ultimately resulted in amputation of his right arm during the course of his employment, the Court said.

“He was serving as Helper in the Forest Department and, therefore, was entitled to salary,” the court said, adding,“Nevertheless, (Khan), who was made to live the rest of his life without a right arm, has suffered immense loss in terms of amenities of life. The Respondent (Khan) would not be in a position to supplement his small amount of pension by doing any menial job after his retirement without the right arm”.

Besides, the court said, Khan would face the“stigma” of being a person without the right arm for the rest of his life.

“It also cannot be denied that because of the injury, which ultimately resulted in amputation of his right arm, the Respondent (Khan) suffered huge mental pain and agony,” the court said, adding,“In such circumstances, the compensation of Rs. 10.00 lacs, in addition to Rs. 75,000/-, as ex-gratia, cannot, by any stretch of reasoning, be said to be exorbitant or irrational.”

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