MANNUAMCHING ZOU Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a very unfortunate case in which the petitioner has prayed for payment of compensation due to the death of 3(three) of her family members in a cross-firing between the BSF Personnel and the underground outfits and also for payment of compensation for her son, who was seriously injured by such cross-firing. The facts leading to filing of the writ petition praying for compensation are as follows:

(2.) 1. In compliance of the said order passed by the Court, the learned District and Sessions Judge, Manipur West submitted his report on 31st May, 2008. The relevant part of the report is quoted below:

(3.) As is evident from the report there was a cross-firing between the BSF Personnel and underground outfits resulting in the death of the husband and two daughters of the petitioner and injury to the son. However, during the inquiry it was not possible to find out as to whether the death occurred due to the bullets fired by the BSF Personnel or the bullets fired by the underground outfits. Under these circumstances the question that comes up for consideration is as to whether the petitioner is entitled to compensation for the death of her husband and two daughters and injured son in course of cross-firing between the BSF Personnel and the underground outfits. In the case of Giribala Das-vrs-Union of India & Ors, 2007 1 GauLT 1, compensation of Rs. 2.00 lakhs had been awarded in case of such death. In the said reported case, on 24.8.1999 at about 5 AM, the husband of the petitioner in the said writ petition had gone to answer the calls of nature in the open area at a distance of a few feet away from his residential house. All of a sudden, Army personnel fired on him as a result of which he sustained grievous injury resulting in his death. The post mortem report clearly revealed that the husband of the petitioner therein sustained injury caused by fired arm and death was on account of the same. The Court on consideration of such facts allowed compensation of Rs. 2.00 lakhs. In the case of Hiren Ch. Ray-vrs-Union of India, 2003 2 GauLT 238, the Court also granted Rs. 1.00 lakhs compensation considering the fact that the detenu while in army custody was caught in a cross-fire between Army and the extremists and evidence placed before the Court showed that the deceased did not contribute to his own death by any action of him. In the case of Simkari Huika - Vrs-State of Orissa & Ors, in W.P.(Cril.) No. 379 of 2011, the Court granted compensation of Rs. 4.00 lakhs and this is a case where death took place due to the cross-fire and the deceased did not contribute anything to cause his own death. Several judgments of the Apex Court were also taken note in the said judgment while granting compensation.