Court grants relief to suffering family after 4 decades

Excelsior Correspondent
Srinagar, Aug 21: A local court here while granting relief to a suffering family, directed for compensation to the next of kin of a deceased who was killed in a bomb blast about 4 decades ago.
The court of 2nd Additional District Judge Srinagar presided over by Swati Gupta decided a 40-year old litigation pertaining to the compensation to the family of deceased who was killed in a bomb blast near exhibition ground in Srinagar.
The deceased Avis Ahmad Shah was killed in a bomb blast in 1985, while on his way inside the exhibition ground to a place of entertainment set up by the organizers after paying the fees for entry and this place of entertainment was separately fenced and was known as ‘Radha Theatre’ when he became the victim of a bomb blast and suffered serious injuries as a result whereof, he breathed his last on 14-10-1985 at Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar.
Police Station Shergarhi, immediately thereafter registered a case under section 307 Ranbir Panel Code and section 3 of Explosive Substances Act, wherein it was indicated that the cause of death of the plaintiff’s son was due to injury caused by the blast.
The kins of the deceased pleaded that besides regulating the entry, the State Government is also expected to take steps for maintenance of law and order, security and safety of all who enter the exhibition and also of those who run various stalls in the exhibition. The state, as pleaded, is under obligation to ensure safety and security of every person in the State and also of visitors to the exhibition.
It was argued that the bomb blast was caused due to sheer negligence of those responsible for ensuring safety and security of the visitors and therefore it makes the State Government liable to pay heavy damages to the plaintiff and others found to be entitled as heirs of the deceased.
The court, after having arrived at the conclusion that the legal representatives of the deceased are entitled to compensation, the question for determination is the quantum of compensation to which the plaintiffs are entitled.
Responding to the question of determining the quantum of compensation, the age of the deceased has been brought on record and proved by way of the evidence led by the family of the deceased as being 22 years old at the time of the incident.
Applying a multiplier relevant to his age and taking into account the pain and suffering endured by the family, the court has held the kins of the deceased is entitled to receive Rs.3,24,000/- from the defendant-State.
“Accordingly, the plaintiffs are held entitled to get Rs.3,24,000/- as compensation from the defendant-State on account of loss of life of Avis Ahmed Shah along with an interest @8% per annum on the compensation amount, calculated from the date of institution of the suit, till the date of its actual payment”, the court ordered.
The court directed the authorities at the helm of affairs to pay the compensation along with interest, as directed, within a period of two months from the date of the present judgment. 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.
“This Court cannot also remain oblivious to the fact that there has been an inordinate delay in grant of compensation to the plaintiffs at the time of their grief and therefore award of interest must be an integral component of the compensation amount that the plaintiffs are entitled to”, the court observed.

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