KULWANT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Kulwant Kaur wife of Havaldar Naranjan Singh who was serving in the Indian Army and was lynched to death while he was travelling in Chhatisgarh Express train by dragging him out from the compartment, seeks adequate compensation by styling the only one granted to her i. e. Rs. 20,000.00 as wholly insignificant and illusory.

(2.) FACTS of the case reveal that on 31. 10. 1984, Smt. Indira Gandhi, the then Prime Minister of the country lost her life following her assassination. Aftermath of the assassination was widespread riots in various parts of the country resulting into loss of life and property by and large of a particular community. To the misfortune of the petitioner, her husband who was serving in the Indian Army was travelling in Chhatisgarh Express train. He was dragged out from the compartment and was done to death at Rondhi Railway Station in District Faridabad. An F. I. R. bearing No. 76 dated 3. 11. 1984 pertaining to Police Station G. R. P. Faridabad was registered. Copy of the F. I. R. has been annexed with the petition as Annexure P-1. Upon the death of her husband, the petitioner received a paltry sum of Rs. 20,000.00 from the State as ex-gratia payment. Inasmuch as the payment was inadequate and insufficient, the petitioner started addressing letters to the Deputy Commissioner for enhancement of compensation. The Deputy Commissioner informed the petitioner that has already been paid Rs. 20,000.00 and the Haryana Government has not formulated any fresh policy for giving further assistance. Reply to one such letter which was addressed to Deputy Commissioner by the petitioner in the year 1990 has been annexed with the petition as Annexure P-3. Before coming to this Court, the petitioner gave legal notice Annexure P-7 on 4. 11. 1996 and when even the notice brought no tangible results, this petition was filed.

(3.) WHILE contesting the claim of the petitioner for enhancement of compensation in the written statement filed by the respondents it has been pleaded by way of Preliminary Objection that vide memos dated 22. 5. 1986 and 23. 5. 1986 the Financial Commissioner and Secretary to Government of Haryana, Home Department, Chandigarh has issued instructions regarding payment of ex-gratia relief to the deceased persons affected in November 1984 disturbances. It was provided that Government of Haryana have conveyed sanction of Governor of Haryana for making the payment of ex-gratia grant to the persons including those killed in police firing at the rate of Rs. 20,000.00 to the affected persons. Since the amount of ex-gratia amount has already been disbursed to the legal heirs of deceased in this matter and there is no negligence on the part of the respondents, as such the present writ petition is not maintainable. On merits insofar as the factual backdrop leading to the death of petitioner's husband is concerned, the same has not been disputed. In fact, from the reading of the reply filed on behalf of the respondent-State it is clear that the only defence projected is that the Government has decided to give Rs. 20,000.00 as compensation and the same having been paid to the petitioner, no case for enhancement was at all made out.