ANIL KAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) CW 2105/98 and CM 3443/98 Rule. With the consent of the parties the matter is taken for final disposal at this stage.

(2.) The petitioner was commissioned in the Indian Army on 24th December, 1972. In January, 1987 he was appointed as Squadron Commander in 65 Armoured Regiment in his parent Unit. On 4th October, 1987 he was ordered to command a Squadron of the same regiment which was earlier being commanded by Major A.S. Bhinder. While commanding this regiment petitioner on 12th October, 1987 took part in the operation between Indian Peace keeping Force and LTTE in Jafanaa, Srilanka in which he was severely wounded and sustained serious injuries in his left hand and Right eye because of which he has suffered disablement to the extent of 80% for all his life. For the bravery shown in the aforesaid battle, he was even awarded Veer Chakra by the President of India in terms of Notification No. 35/ 88. In terms of communication No. 17/89 dated 3rd October, 1987 issued by the respondent, petitioner was entitled to get option. However, this compensation to the tune of Rs. 2,37,888.00 was paid to him by a cheque dated 5th February, 1996.

(3.) As the petitioner was paid this compensation after more than 9 years from the date he suffered injuries, he made requests for payment of interest on delayed payment of compensation. The respondent did not accept this request and the present petition has been filed in which petitioner claims compound interest at the rate of 18% on the aforesaid amount of disability compensation paid to him with effect from 12.1.1987.