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Rajasthan High Court · body

2019 DIGILAW 1649 (RAJ)

Suban Khan v. State

2019-05-24

SANDEEP MEHTA, VINIT KUMAR MATHUR

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JUDGMENT 1. The victims Mumal, Muskan and Seema @ Salma are present in the Court. 2. A report has been received from District Legal Service Authority, Pali regarding the disability suffered by all the three i.e., victims Mumal, Muskan and Seema @ Salm in the incident. In addition thereto, we are cognizant of the fact that one year old son of Smt.Seema @ Salma wife of the accused appellant Suban Khan was murdered by none other than the appellant. The medical reports reveal that the two girls namely Mumal and Muskan are suffering 60% & 62% disability on their hands and legs respectively whereas Seema @ Salam is suffering from 10% disability on the left hand. However, on observation of the two girls, we feel that they have been deprived of total use of their arms (Mumal - Right hand & Muskan left hand). 3. We may observe that the medical report is of the year 2009 whereas the two girls received injuries way back in the year 2010. Thus, for the prolonged sufferings and agony which the two girls have faced for the last nearly 9 year, we deem it fit to consider their cases within the category of 80% disability covered by Clause 2 of the Schedule under the Rajasthan Victim Compensation Scheme, 2011. Thus, we deem it proper to award them maximum compensation permissible to a non-earning member as per para 2 of the Schedule to the Rajasthan Victim Compensation Scheme, 2011. The compensation awardable to each girl is quantified at Rs. 2,50,000/- each. 4. For the loss of the life of the child Habib, compensation to the tune of Rs. 2,50,000/- is awarded to Smt. Seema @ Salma as per para 1 of the Schedule to the Victim Compensation Scheme, 2011. The amount of the compensation payable to the victims as above shall be invested in suitable FDRs to be prepared in the names of respective victims in a nationalized bank. The term of the FDRs shall preferably not be less than ten years. The mother Smt. Seema @ Salma shall be the nominee in the FDRs to be prepared in favour of the victim girls Mumal and Muskan. The interest received on the FDRs shall be disbursed on quarterly basis. 5. The file shall now be considered closed.