Court awards compensation to victim’s family

Srinagar, Aug 21: A court here Thursday awarded compensation of Rs 16.60 lakh to a victim’s family from Safa Kadal after 39 years of legal battle. In the course of this struggle, the family’s head died while fighting the legal war.

Government had arranged an exhibition at the exhibition ground, Srinagar in the month of September- October in 1985. A twenty-two-year-old, Avis Ahmed, from Latter Masjid, Safa Kadal on October 13 was on his way inside the exhibition ground to a place of entertainment set up by the organizers.

After paying the fees for entry, Avis proceeded towards the separately fenced place of entertainment known as ‘Radha Theatre’ when he became the victim of a bomb blast. He suffered serious injuries as a result of which he breathed his last on October 14 at Sher-i-Kashmir Institute of Medical Sciences, Soura here. Police Station Shergarhi, immediately after the incident registered a case under relevant law– section 307 Ranbir Panel Code and section 3 of Explosive Substances Act, wherein it was indicated that the cause of death of Avis was due to injury caused by the blast.

Avis’s father, Muhammad Yousuf Shah filed suit before the High Court of Jammu & Kashmir on May 29, 1986 and the case was transferred to 2nd Additional District Judge Srinagar on July 14, 1995.

In his suit, Avis’s father pleaded that the bomb blast was caused due to sheer negligence of those responsible for ensuring safety and security of the visitors. “Therefore, it makes the State Government liable to pay heavy damages to him and others found to be entitled as heirs of the deceased”.

The father pleaded that his son was functioning as an employee in a workshop at Srinagar and was receiving wages to the extent of Rs 700 to Rs 800 per month. Moreover, the father said that his son was assisting him in maintaining his family consisting of the deceased’s mother, three unmarried sisters, two elder brothers and one brother younger to him.

The father’s contention was that the age span and the monthly income of the deceased as on the date of his death would entitle him and other members of the family of the deceased, a sum of Rs.3,84,000 as minimum compensation for the loss suffered due to negligence exhibited by the employees of the State Government.

He said the officials had an obligatory duty of ensuring safety and security of those who visited the places inside the exhibition arranged and set up by the State Government.

Among others, the plaintiff also pleaded that the court has the jurisdiction to try the present suit and on the premise of the pleadings had requested that a decree for an amount of Rs.3,84,000 be granted in his favor.

In their written statements on March 1, 1998, the defendants opposed the plaint foremost on the question of its maintainability, alleging it did not disclose any cause of action.

The original plaintiff, Shah, expired on May 20, 1998 during the pendency of the suit that ended his 12 year long struggle for justice. Wife of the original plaintiff who is the mother of the deceased Avis as well as his three brothers and two sisters through an application became plaintiffs. On November 30, 1998, mother and siblings of Avis were brought on record as the plaintiffs in the suit.

“It is an indisputable fact that a bomb blast took place at ‘Radha Theatre’ in the exhibition ground on the fateful day of 13-10-1985. It is also not denied by the defendants (authorities) that the deceased sustained injuries because of the bomb blast and later succumbed to his injuries on 14-10-1985 at SKIMS, Soura,” Swati Gupta, 2nd Additional District Judge, Srinagar, said.

“In fact, this fact has been admitted by the defendants (authorities) in their pleadings also. It is also nobody’s case that he was involved in some terrorist or subversive activity that resulted in the loss of his life.”

The compensation in such circumstances, the court said, was not merely an act of restitution or a measure of providing damages but has to be given as a remedy intended to compensate the bereaved family enabling it to withstand the financial loss caused by the death of a young earning member of the family, although it is an undeniable truth that no amount of monetary help can ever truly compensate the loss of a beloved one.

Accordingly, the court held the victim’s family entitled to Rs.3,24,000 as compensation from the authorities on account of loss of life of Avis Ahmed Shah along with an interest at the rate of 8% per annum on the compensation amount, calculated from the date of institution of the suit, till the date of its actual payment (till date the amount, principal compensation and the interest comes to around Rs 16.60 lakhs).

“The defendants are directed to pay the compensation along with interest, as directed hereinabove, within a period of two months from the date of the present judgment,” the court said.

“In default of payment of compensation, the defendants shall further pay interest @4% per annum over and above the interest already awarded, on the amount of compensation,” it added.