PRADEEP KR RAJBONGSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitions involving claim for compensation in respect of damage to the vehicle belonging to the petitioner in the first writ petition and the death of the driver of the vehicle, whose father has filed the second writ petition, during the course of Army Operation, were heard analogously and are being disposed of by this common judgment and order. Facts

(2.) The petitioner in WP(C) No. 3083/ 2003 (hereinafter referred to as the first petition) is an agent of the Life Insurance Corporation of India (LICI), while the deceased son of the petitioner in WP(C) No. 3085/ 2)303 (hereinafter referred to as the second petition), was the driver of the vehicle (TATA Sumo), bearing registration No. AS-01-M- 3714. The said vehicle belongs to the petitioner in the first petition. According to the petitioner the vehicle was engaged in his day- to-day business and he was a very successful agent and could procure exceedingly good business. He has given the figure of Rs. 10,72,370.02 as commission from his business for the year 2001-02. He has also indicated his income tax returns for the years 1999, 2000, 2001 standing at Rs. 36,493/-; Rs. 58,165/- and Rs. 91,648/- respectively.

(3.) On 1.12.2002 at about 2-30 PM the handyman of the aforesaid vehicle came running to the residence of the petitioner in a frightened mood and intimated the petitioner that the vehicle had been damaged and the driver of the vehicle namely Sri Chandan Rajbongshi, whose father has filed the second writ petition had been killed by a furious mob of villagers of Deharkuria village under Hajo Police Station, in the district of Kamrup. Narrating the incident, the handyman of the vehicle, Shri Pradeep Majumdar stated that while the vehicle was returning from Guwahati with the driver Late Chandan Rajbongshi alongwith one Sri Jayanta Kalita was intercepted by Army personnel at a place called Mukalmua in the district of Nalbari. The Army personnel belonging to the 10 th Assam Regiment. The Army personnel asked Sri Jayanta Kalita to get down from the vehicle and thereafter directed the driver and the handyman namely Late Sri Chandan Rajbongshi and Sri Pradeep Majumdar respectively to drive the vehicle to Bortola temporary camp of 10th Assam Regiment falling in the district of Nalbari. The driver and the handyman were verbally informed that the vehicle had been requisitioned. On reaching Bortola camp, the Army personnel alongwith one Major Ras Thabah boarded the vehicle and as per their instruction the driver and the handyman accompanied them to village Deharkuria. They could learn that the vehicle had been engaged in an Army operation. According to the petitioners no Assam Police personnel accompanied the Army personnel. On reaching the village, the Army personnel entered the house of one Sri Tamijuddin Ahmed, a retired teacher. The driver and the handyman of the vehicle remained with the vehicle watching the Army action.