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2025 DIGILAW 1332 (SC)

Guddo v. Govt. of NCT of Delhi

2025-06-04

SANJAY KAROL, SATISH CHANDRA SHARMA

body2025
ORDER : 1. The appellants lay challenge to the judgment and order dated 04th May, 2011 in LPA No.343/2010 titled “Govt. of NCT of Delhi Vs. Shafirun & Ors.” passed by the High Court of Delhi at New Delhi. 2. Having heard learned counsel for the parties and on perusal of records, we are of the considered view that interest of justice would be best served, protecting the interest of the parties if the amount of compensation as awarded by the High Court in terms of the impugned judgment, is enhanced. 3. It is not in dispute that respondent herein has not challenged the impugned judgment which records the finding with regard to the death of the prison inmates viz. Ram Avtar Singh and Abdul Hafiz who were in judicial custody in relation to offence registered at different police stations within the territorial limits of NCT of Delhi. 4. Originally the writ Court (Single Judge) vide the judgment dated 2nd April, 2009, titled as ‘Smt. Guddo and Another Vs. The Superintendent, Central Jail, Tihar, New Delhi, awarded a sum of Rs.6,15,686/-to the legal heirs of deceased Ram Avtar Singh and in the case of legal heirs of Abdul Hafiz, awarded a sum of Rs. 6,56,879/-. However, the same was reduced, in an Appeal by the Division Bench of the High Court in terms of the impugned judgment payable to Rs.4,00,000/-and Rs.3,50,000/-, respectively. 5. It is also not in dispute that the legal heirs of the deceased have already withdrawn the compensation amount quantified in terms of the impugned judgment and order passed by the Division Bench. 6. We are of the considered view that interest of justice would be best served if the amount is enhanced making a total amount payable as a sum of Rs.10,00,000/-each in case of both Ram Avtar Singh and Abdul Hafiz. Clarifying that the amount already paid shall be deducted from the same. 7. Let the remaining amount be disbursed directly into the bank accounts of the claimants, within a period of six weeks from today, failing which, the same shall bear interest at the rate of 6% per annum. 8. The civil appeals are allowed accordingly. 9. Pending application(s), if any, shall stand disposed of.