UNION OF INDIA Vs. ASHOK NARAYAN PALDHE

JUDGEMENT

(1.) This appeal is filed against the judgment and decree, dated 12.04.2004, passed by the Court of II Additional Senior Civil Judge, Kakinada, in O.S. No. 90 of 1997. Respondents 1 and 2 filed the suit and the appellants figured as defendants 3 and 2 therein. While the 3rd respondent figured as 1st defendant, respondents 4 to 8 were arrayed as defendants 4 to 8. For the sake of convenience, the parties herein are referred to as arrayed in the suit.

(2.) Plaintiffs are the parents of one Sri Amar Ashok Paldhe. He was recruited as Seaman-I, Clearance Diver No. III, and in the year 1993, he was in the Eastern Naval Command Clearance Diving Scheme. On 21.09.1993, Paldhe was in an operational exercise at Kakinada Coast. As part of the exercise, he jumped from the Helicopter into the sea and he was supposed to reach the shore by swimming. However, after he jumped into the sea, he did not reach the shore and his dead body was found two days thereafter i.e. on 23.09.1993.

(3.) The plaintiffs were given the intimation at a later point of time. The postmortem was conducted on the body. The cause of the death was not mentioned. The report revealed that there are anti-mortem injuries over the dead body of the deceased. The Board of Enquiry was conducted and a finding was given to the effect that the cause of the death was mentioned as "due to accident". Alleging that the defendants did not furnish the relevant information, the plaintiffs filed W.P. No. 316 of 1995 before the Bombay High Court for certain directions.