Srinagar: The J&K High Court has ordered government and army to provide Rs 12 lakhs as compensation to a labourer whose arms were amputated due the injuries suffered by him in a blast at Badamibagh here in 2002.
The labourer, Mohammad Ashraf Rather, was engaged by Officer Commanding, 15 Corps through a contractor.
Rather was employed for loading of gravel and stone in trunks and for dumping the same somewhere in and around Badami Bagh, Cantonment Board, Srinagar. He said that while loading the material in the trucks, a bomb blast took place, as a result of which he sustained multiple injuries. He was treated in Army Hospital, where his both arms were amputated.
“Going by contentions in the petition on hand, Rather had been earning Rs.4000 per month, way back in the year 2002. 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 lakhs,” a bench of Justice Tashi Rabstan said and disposed of the plea by directing the state and army to pay compensation of Rs 12laksh to Rather to along with interest at the rate of 6% per annum from the date of filing of instant writ petition.
“Let respondents (state and army) deposit the entire amount, within three months before the Registry of this Court, who shall subsequently release the same in favour of (Rather) on proper identification by his counsel and in presence of his parents as well.”
The court said that the shocking aspect of the matter was that Rather 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,” the court said, adding, “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 said.
It said the liability of the State to compensate victims of lawlessness by its agents and employees was 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 said.
Underscoring the Article 21 of the Constitution of India, court said Rather’s right to 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,” the court added.
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