Research › Search › Judgment

J&K High Court · body

2011 DIGILAW 252 (JK)

Mohd. Issaq & Anr. v. Union of India & Ors.

2011-05-12

MANSOOR AHMAD MIR

body2011
1. Petitioners being the victims of negligent conduct of GREF Employees has invoked the jurisdiction of this Court for grant of compensation to the tune of Rs. 10 lacs, on the grounds, taken in the memo of petition, which can be aptly and precisely envisaged as under. 2. Employees of GREF, who were manning duty at Village Shajroo, conducted blasting on 10.9.2004 by filling huge explosive material without taking any precaution or cautioned by warning. While doing so, a big size boulder covering an area of about one kilometer hit the roof of petitioner's house. The house of petitioners collapsed and one of their daughters, namely, Rubina Akhtar died on spot and another daughter, namely, Kulsoom Bano suffered grievous/critical injuries. FIR No. 102/2004 was lodged in Police Station Mahore under sections 304-A, 337 and 286 of Ranbir Penal Code (hereinafter, for short, RPC), set police in motion, conducted the investigation and presented the final report in terms of section 173 Cr.P.C. before the Judicial Magistrate Mahore. As per the date of birth certificate (annexure "F" to the writ petition), deceased Rubina Akhtar was about nine years of age at the time of her death and was studying in third standard in Green Public School, Shajroo. 3. Respondents have filed reply. Virtually they have admitted that due to accident the roof of petitioners' house got partially damaged and their daughter, namely, Rubina Akhtar died on spot. It is apt to reproduce relevant para of the reply herein: "That Road Budhal-Mohar-Gul has been included in BRDB programme for construction and improvement of the road and 301 SPL (GREF) has been entrusted with the responsibilities of undertaking the works on the said road. Government has sanctioned double lane (formation) specification under Job No. 214/130. The work on the above job (formation cutting) has been started initially wef 21.12.2000 and expenditure to the tune of Rs. 722.680 lakhs has so far been booked by 110 RCC on the above job. (Percentage to progress 74.80%). For making the road to NH double lane specification as sanctioned, formation cutting works is required to be carried out by the Platoon on various road stretches. 722.680 lakhs has so far been booked by 110 RCC on the above job. (Percentage to progress 74.80%). For making the road to NH double lane specification as sanctioned, formation cutting works is required to be carried out by the Platoon on various road stretches. On 10th Sep 2004, at about 1320 hours, while 301 SPL (GREF) was carrying out the blasting works at Km 71.000 on Budhal-Mohar-Gul road, aheavy boulder was thrown approximately 800 mtrs horizontal distance and 1200 mtrs down in the valley side and hit the roof of a house. Due to this, the roof of the house got partially damaged and one Wooden Beam and Column of the house collapsed. The damaged Wooden Beam and Column of the house fell on three girls sitting in a Cot inside the house (the details of the girls are given below) and two of them died and one has been seriously injured: (a) Ms. Rubina Akhter, aged 14 yrs - Died on spot D/o Mohd. Iqbal. (b) Ms. Rubina Akhter, aged 08 yrs - Died on the way while being D/o Mohd Issaq evacuated to Army MI Room at Mohar. (c) Ms. Kulsoom Akhter, aged 14 yrs - Seriously injured and D/o Mohd Issaq. Undergoing in Govt. Hospital Jammu." 4. Respondents have also admitted that the petitioners are entitled to the death compensation. It is apt to reproduce relevant portion of the reply herein: "...The petitioner has claimed compensation amounting to Rs. 10.00 lakhs for death of his daughter Ms. Rubina Akhter which is unreasonable, unfounded and untenable. However, the petitioner is entitled for the death compensation of his daughter. The amount will be paid to the petitioner on receipt of Govt. orders to the effect." 5. Admit. With the consent of learned counsel for the parties the case is taken up for final disposal. 6. Respondents have admitted that the death of daughter of petitioners due to the accident which took place due to the use of excess explosive material. They have further admitted that the petitioners are entitled for death compensation. However, the respondents have not agreed to pay compensation as claimed by them. 7. Now the only question which needs to be determined in the petition is to what amount of compensation the petitioners are entitled to. 8. It is beaten law of the land that multiplier method is the just method for assessing the compensation. However, the respondents have not agreed to pay compensation as claimed by them. 7. Now the only question which needs to be determined in the petition is to what amount of compensation the petitioners are entitled to. 8. It is beaten law of the land that multiplier method is the just method for assessing the compensation. While keeping in view the age of the petitioners and the fact that they are getting old with the passage of time coupled with the schedule appended to Motor Vehicle Act, multiplier of 15 is just and appropriate multiplier applicable in the instant case. Deceased Rubina Akhtar was about nine years of age at the time of her death. By guess work it can be said and held that she could have earned at least Rs. 5000/- per month. On getting married she would have spent 1/3rd for family, 1/3rd for parent and 1/3rd for herself. Thus the petitioners are deprived of 1/3rd of the total income, which comes to Rs. 1700/- per month. Thus the petitioners are entitled to compensation to the tune of Rs. 3,06,000/- (1700 x 12 x 15). They are also held entitled to compensation of Rs. 50,000/- under the heads funeral expenses, loss of consortium and loss of hope of their old age. 9. In view of the above, this writ petition is allowed and the petitioners are held entitled to a compensation of Rs. 3,56,000/- (rupees three lacs and fifty six thousand) along with interest @ 6% from the date of filing of the petition till its realization. 10. Disposed of accordingly.