| DB upholds single bench order, directs payment of Rs 17 lakh to coppersmith's family | | | Early Times Report
Srinagar, June 9: A division bench of the state high court has upheld its single bench's order, directing northern railways to pay over Rs 17 lakh as compensation to the family of a coppersmith who was killed in 2010.
The coppersmith, A R Reshi, was pulling down shutter of his shop in August 2010 when Railway Special Protection Force (RSPF) allegedly opened fire which hit him on the head.
After battling for life for over a year, Reshi died in June 2011 at SKIMS.
"Insofar as the award of Rs 5 lakhs apart from the loss of income, the single judge is justified in awarding the same considering the fact that amount has been quantified not only for treatment but also for allied expenses, ie nourishment, expenses of the persons attending the injured person so long as he was in the bed, consortium to the petitioner, loss of love and affection to all the petitioners, funeral expenses etc. In any event, the amount though could have been assessed on different heads, the single judge has quantified at Rs 5 lakh in lump sum which is not higher at all. Thus a total sum of Rs 17,60,000 was awarded with 9 pc interest per annum till it is deposited with further order that an amount of Rs 5,60,000 shall be released in favour of the victim's family," a high court division bench of Chief Justice N Paul Vasanthakumar and Justice D S Thakur said and directed northern railways to pay the compensation within four weeks.
Referring to the contention by the Railway Protection Force that they opened fire in air and the deceased was not hit by their bullet, the court said: "It is not the case of RSPF that some other firing incident has taken place on the same day at the same time".
"The fact of the bullet injury sustained by the deceased and his admission in the hospital due to head/ brain injury was supported by discharge summary report issued by SKIMS Srinagar," the bench said.
Following Reshi's hospitalization at SKIMS and before his death on June 11, 2011, complications like nervous breakdown, nephrological disorder and bed sores reduced Reshi to vegetative state (coma) for nearly a year. His family lost all it had on treatment of the victim.
Wife of the victim, Sara, along with her daughter Kuhshbo (11) and son Momin Rashid had approached the high court for compensation.
In response, Railway Protection Force pleaded that it opened fire to disperse an unruly mob that was hell-bent to harm them and the deceased was not their target. The court said, "The explanation offered may exonerate the personnel who opened fire from any criminal liability or departmental action, but is not to disentitle the petitioners from compensation due to them on account of untimely and tragic death of their only bread winner as also compensation on account of medical expenses incurred on his treatment," the single bench of the court had said. |
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