Excelsior Correspondent
Srinagar, Oct 14: The State High Court today directed the Army to pay an amount of Rs 12 lakhs to a labourer as compensation for receiving multiple and grievous injuries while working with them at 15 Corps Headquarters.
“Writ petition is disposed of and in order to secure financial amenities for future of petitioner, respondents 1&2 shall pay compensation of Rs 12 lakh to petitioner, along with interest at the rate of 6% per annum from the date of filing of instant writ petition”, Justice Tashi Rabstan directed.
Court directed the authorities to deposit the entire amount, as has been awarded by this Court, within three months from the date of receipt of the copy of the instant judgment before the Registry of the Court.
Court subsequently directed the Registry to release the amount in favour of petitioner on proper identification by his counsel and in presence of his parents as well.
Petitioner claimed that he was engaged as labourer by Officer Commanding, 15 Corps Badami Bagh, Srinagar through a contractor and his services kept at the disposal of Commanding 15 Corps.
He contended that while loading the material in the trucks arranged by authorities at Badami Bagh, a bomb blast took place, as a result whereof, he sustained multiple injuries.
A huge amount is also stated to have been spent on his medical treatment. In this context he approached the authorities more particularly Commanding Corps for payment of dues and adequate compensation and also for arranging artificial limbs (arms and hands) for him, compelling the petitioner to approach the court through the medium of the petition.
“Taking into account principles laid down in judgments cited hereinabove, and given 100% disability of petitioner, who was 20 years old at the time of aforementioned incident, which took place on 2nd May 2002, the compensation is to be calculated keeping all those facets of the matter into account”, read the judgment.
Justice Tashi while going by contentions in writ petition, said the petitioner had been earning Rs.4000/- per month, way back in the year 2002 and his life expectancy can safely be taken as per the prevailing trends to 70 years. He would have safely worked for 40 years.
“The appropriate multiplier, in the present case, would be 25. There is no possibility of marriage of the petitioner, therefore, no standard deductions can be made from the income. The income in entirety has to be taken into consideration. The minimum annual income of petitioner, by being conservative, would be Rs.48,000/- per annum, which is required to be multiplied by 25. The total future loss of income of petitioner, therefore, comes to (Rs.4,000 x 12 x 25 = 12,00,000/-) i.e.Rupees Twelve Lacs”, court calculated.
Justice Tashi further added that the shocking aspect of the matter is that petitioner is facing such a situation, which cannot be reduced in writing. His both arms are amputated. So, he is unable to attend himself not to speak of his family.
“Can we imagine that how he would wash his face; can he comb his hair; can he wear clothes; can he himself eat; can he attend daily routine activities? Answer is in negative. A citizen of India, while working in respondent 15 Corps, either mazdoor, labour, sweeper or scavenger, cannot be said to have no fundamental right(s) as enshrined under Constitution”, court observed.
Court said the liability of the State to compensate victims of lawlessness by its agents and employees is well settled. “Monetary compensation for violation of fundamental rights by the State has been consistently awarded by the Supreme Court to the victims and their relatives”, court recorded.
Underscoring the Article 21 of the Constitution of India, court said the Petitioner, in present case, had a right to life and healthy and happy life has been curtailed by negligence of respondents causing him serious and painful injuries. He has to live with a trauma and shall remain handicap throughout life. “Petitioner has to go through inconvenience, hardship, discomfort, disappointment, frustration and mental stress throughout his life”, court said.
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