Srinagar: The High Court has directed the government to pay compensation of Rs 10 lakh to a man, Ashiq Hussain Farash, who was injured in cross firing between security forces and militants in 1990.
Modifying the judgment of the single judge bench of the court whereby the government was directed to pay Rs 15 lakh as compensation to Farash, a division bench of Justice Ali Muhammad Magrey and Justice Vinod Chatterji Koul held him entitled to compensation of Rs 10 lakh instead of Rs 15 lakh along with 6 percent interest from March 10, 2016, the date of order of the single bench.
Accordingly, the court directed the government to pay Rs 10 lakh as compensation to Farash with interest as directed by the single bench, out of which Rs 5 lakh have been already paid to him.
“Let the appellants, now, pay the balance amount of Rs 5 lakh along with interest at 6 percent to the writ petitioner within two months from today, in default thereof, the amount should become payable along with interest at 9 percent per annum,” the court said.
In an appeal, the government had challenged the judgment of the single bench dated March 10, 2016 whereby it was directed to pay Rs 15 lakh as compensation to Farash.
In his plea before the single bench, Farash had said that he was hit by a bullet in cross firing between security forces and militants, wherein he suffered grievous injuries and was admitted at SKIMS, Soura.
The petitioner said he was discharged from SKIMS on January 10, 1991 and was advised for treatment at AIIMS, New Delhi.
He, however, said that due to poverty he had been unable to undergo further treatment at AIIMS, New Delhi which resulted in loss of movement of his right arm and right hand rendering him handicapped for his entire life.
He submitted that he accordingly made a claim before the appellants (government) for seeking compassionate appointment and payment of compensation to the extent of Rs 20 lakh which was denied, constraining him to file the petition before the single bench.
The single bench on establishing his claim in terms of the Judgment dated March 10, 2016, directed the government to pay Rs 15 lakh as compensation to the petitioner.
