UOI Vs. MUZAFFAR HUSSAIN SHAH

JUDGEMENT

(1.) Present appeal has been filed against the judgment dtd. 6/8/2014 passed by the District Judge, Poonch ('trial Court' for short) in File No. 11/Civil accepting the suit of the plaintiff-respondent herein and passing a decree for payment of Rs.5,28,000.00 with interest @ 7.5% per annum from the date of institution of the suit.

(2.) On 25/11/2004 at about 8.30 pm, the army personnel of 45 RR after ambushing the house of the plaintiff-respondent herein (hereinafter referred to as the 'plaintiff') situated at village Sanai Tehsil Sunrakote asked him to come out from his house. As soon as the plaintiff opened the door, the Army personnel resorted to indiscriminate firing upon him, as a result of which, the plaintiff received injuries on his right arm. After the occurrence, the army took him in the army hospital and thereafter the plaintiff was referred to GMC Jammu where he remained admitted for treatment. Due to the act of the army personnel, the plaintiff has become completely handicapped with permanent disablement of his arm and, therefore, could not earn his livelihood. The Deputy Commissioner, Poonch had granted him an ex-gratia relief of Rs.75000.00. Since the amount granted by the Deputy Commissioner was very meager and the same has been spent by the plaintiff on his treatment, he served a legal notice upon the appellants herein for making payment but all in vain which constrained the plaintiff to file a suit for recovery of Rs.10.00 lac as compensation on account of his disablement due to bullet injuries of the Army.

(3.) The appellants appeared before the trial Court and resisted the claim of the plaintiff on the ground that due to the firing of militants the plaintiff was injured, as such, there was no negligence on the part of the appellants herein and, therefore, the appellants are not liable to make any payment of compensation to the plaintiff .