GATAKALA VENKATESWARLU Vs. UOI

JUDGEMENT

(1.) The appellant, Mr. Gatakala Venkateswarlu is an Indian citizen. He was working and living in Kuwait in August, 1990 when gulf war broke out with Iraq occupying Kuwait. Leaving behind his personal belongings and worldly goods to save his life and the lives of his family members, the appellant left Kuwait via Baghdad and Jordan to reach India.

(2.) The appellant saw a ray of hope when United Nations Compensation Commission (hereinafter referred to as UNCC, for short) floated a Scheme for payment of compensation to persons who had lost and suffered during the Gulf War. Claims were invited under four heads : Claim 'A' : ex gratia payment of US$ 2,500 for individuals who had fled Kuwait; Claim 'B' : claim for injury or death; Claim 'C' : for losses caused to person and property upto US$ 100,000; Claim 'D' : for losses to property above US$ 100,000. Claimants were required to submit applications to their National Governments who would forward the same to UNCC. Claimants could not directly approach UNCC with their claims and per force were required to make applications with the National Governments in terms of the scheme.

(3.) On 28th October, 1992, the appellant made applications for claims in forms 'A' and 'C' with the Embassy of India in Kuwait, the designated authority of the Union of India. His claim was registered at AT-302 and a receipt was issued by the authorised officer, Embassy of India in Kuwait. The said receipt is on record and clearly shows that compensation claim forms 'A' and 'C' had been received from the appellant.