MOHINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This shall dispose of Civil Writ Petitions No. 14384 of 1998 and 14421 of 1998.

(2.) Civil Writ Petition No. 14384 of 1998 has been filed by Mohinder Kaur whose husband was killed by the mob while he was travelling in Chhatisgarh Express Train, whereas claimants in Civil Writ Petition No. 14431 of 1998 are the widow, daughter and son of Karnail Singh who also got killed on 2.11.1984 alongwith many others while travelling in the Chhatisgarh Express Train,

(3.) In brief, the facts are that on 31.10.1984, Smt. Indira Gandhi was assassinated and as a result thereof, riots broke out in whole of the country in which persons belonging to a particular community were made the target. Joginder Singh son of Sewa Singh and Karnail Singh son of Saudagar Singh were travelling in the Chhatisgarh Express Train and when the train reached near the railway station Palwal, the miscreants entered the compartments, armed with hockey sticks and rods and the persons belonging to one community were made the target and resultantly, Joginder Singh son of Sewa Singh and Karnail Singh son of Saudagar Singh were killed. A case, F.I.R. No. 76 P.S. Faridabad under Section 302, 201, 148, 149 IPC was registered. The statement of petitioner, Mohinder Kaur was also recorded regarding the death of Joginder Singh, and also Karnail Singh. Since Joginder Singh and Karnail Singh belonged to Madhya. Pradesh, the State of Madhya Pradesh gave an ex-gratia grant of Rs. 20,000/- to the claimants for the loss suffered. As the amount granted was insufficient, the claimants submitted applications to the Deputy Commissioner, Durg and Faridabad, for enhancement of compensation. Claimants contended that in similar circumstances, one Bhajan Kaur filed a writ petition in the Delhi High Court which was allowed and she was awarded a compensation of Rs. 3.50 lacs. Claimants submitted that they may also be treated alike and paid compensation of Rs. 3.50 lacs. The application submitted by the claimants to the Deputy Director Relief, Union Territory, Delhi, was rejected on the ground that their case could not be considered being beyond the jurisdiction of Delhi Courts. It is further the case of the claimants that no action is being taken on the application filed with the Deputy Commissioner, Faridabad. Claimants have also contended that the relief given by the State of Madhya Pradesh as ex-gratia grant of Rs. 20,000/- for the loss suffered by them was a temporary relief and was not adequate to compensate the loss suffered. They thus, have prayed that they be also paid compensation of Rs. 3.50 lacs.