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Uttarakhand HC Directs 25L Compensation To Son Of Woman Home Guard Who Died Of Accidental Gunshot Injury [Read Judgment]

LiveLaw News Network
7 Dec 2016 1:00 PM GMT
Uttarakhand HC Directs 25L Compensation To Son Of Woman Home Guard Who Died Of Accidental Gunshot Injury [Read Judgment]
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The High Court of Uttarakhand on Monday directed payment of Rs. 25 lakhs as compensation to the dependent son of a woman home guard who died of an accidental gunshot injury at a Police Station, while on duty.

The Bench, comprising Justice Rajiv Sharma and Justice Alok Singh, further directed that the appellant be considered for appointment on compassionate grounds, either in Police Department or home guard, within a period of six months.

The Court was hearing an appeal against an order of a Single Judge, wherein the Appellant’s demand for enhancement of compensation was rejected.

The Court noted that the Police Constables had failed to take necessary precautions while cleaning the weapons which resulted in the woman home guard being shot, and observed, “Respondents should have redressed the grievance of the appellant immediately. Appellant lost his mother on 20.04.3003. He has been paid meager compensation of Rs.50, 000/-. His mother was an employee of home guard and she was getting honorarium of Rs.2250/- per month. She has died due to negligent act of constables. Constables should have taken necessary precaution while cleaning the arms. The accident had happened in the police station. Petitioner’s mother was serving as Home guard in the police station Lalkuan. She was Dalit. State Government should have special consideration for the weaker sections of the society. Only sum of Rs.50, 000/- was paid to the appellant towards compensation for the death of his mother which is inadequate. Compensation should be just and fair.”

It further directed the State to consider payment of living wages to the members of Home guard organization by enhancing their honorarium from Rs.400/- per day to Rs.750/- per day. An interim compensation of Rs. 5 lakh was directed to be paid in every case of death of Dalit due to atrocities, and Rs. 2.5 lakh in case he receives grievous injuries. Furthermore, every case of Dalit atrocities has been directed to be considered in a time bound manner.

Read the Judgment here.

This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.
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