LAWS(J&K)-2011-5-58

KULSOOM BANO Vs. UNION OF INDIA & ORS.

Decided On May 12, 2011
MOHD ISSAQ And ANR Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) Petitioners being the victims of negligent conduct of GREF Employees has invoked the jurisdiction of this Court for grant of compensation to the tune of Rs. 10 lacs, on the grounds, taken in the memo of petition, which can be aptly and precisely envisaged as under.

(2.) Employees of GREF, who were manning duty at Village Shajroo, conducted blasting on 10.9.2004 by filling huge explosive material without taking any precaution or cautioned by warning. While doing so, a big size boulder covering an area of about one kilometer hit the roof of petitioner's house. The house of petitioners collapsed and one of their daughters, namely, Rubina Akhtar died on spot and another daughter, namely, Kulsoom Bano suffered grievous/critical injuries. FIR No. 102/2004 was lodged in Police Station Mahore under sections 304-A, 337 and 286 of Ranbir Penal Code (hereinafter, for short, RPC), set police in motion, conducted the investigation and presented the final report in terms of section 173 Cr.P.C. before the Judicial Magistrate Mahore. As per the date of birth certificate (annexure "F" to the writ petition), deceased Rubina Akhtar was about nine years of age at the time of her death and was studying in third standard in Green Public School, Shajroo.

(3.) Respondents have filed reply. Virtually they have admitted that due to accident the roof of petitioners' house got partially damaged and their daughter, namely, Rubina Akhtar died on spot. It is apt to reproduce relevant para of the reply herein: