YAAR MOHAMMAD KATARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners have invoked the jurisdiction of this Court seeking compensation on account of the death of their son due to the negligence of the respondents.

(2.) In a tragic incident, two children namely Sarfaraz Ahmad Kataria son of Yaar Mohammad Kataria and Farooq Ahmad Kataria Son of Noor Ud Din Kataria died due to blast caused by unexploded shell which was lying in the forest area on 5/7/2009. Both the petitioners whose children have died due to blast caused unexploded shell lying in the forest seek a direction to the official respondents to compensate them adequately for their negligent act which has resulted in the death of their children.

(3.) The petitioners submit, that their children were 14 years and 15 years of age when they came in contact with an unexploded shell in the forest area, while grazing their cattle. The blast caused by the shell led to the death. It is submitted that petitioners are involved in the activity of grazing cattle of the locals on the common land/forest area and their livelihood is dependent on the earnings from grazing cattle as they have no other source of income except their earnings from grazing cattle.