SURAJ SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) It is averred in the writ petition that the petitioner was appointed as SPO on 13.08.1997 and was performing his duties in PoLice Line, Ramban upto 27.03.2003. On noticing satisfactory performance of the petitioner, the Army Officers made a request to the Superintendent of Police, Ramban for his deputation and accordingly the petitioner and other SPOs came to be deputed with 23rd Rashtriya Rifle for operations and conducted the operations successfully. On 19.10.2003, one Rajesh Kumar, an army personal of 23rd Rashtriya Rifle at Nachalana was sleeping in the tent and when he wakeup his hand suddenly touched the trigger which was loaded and the said bullet first hit the chest of army personnel and thereafter hit the petitioner. The petitioner sustained injury. He was operated in Military Hospital and the said injury rendered him permanent disabled. Further, it is contended that due to said injury, the petitioner has become impotent and is not in a position to enjoy sex and cohabitation with his wife. The petitioner sustained said injury due to negligence of said army personal, namely, Sh. Rajesh Kumar. Respondents 1 to 3 and 4 to 6 are liable to pay compensation to the petitioner to the tune of Rs.13 Lacs along with interest @ 15% p.a in equal share.

(2.) The respondents have filed reply. Respondents 1 to 3 have stated that as the disputed questions of facts are involved, therefore, the petitioner had to file a civil suit instead of filing the petition in hand.

(3.) They have admitted in reply to paras 9,10 and 13 of the writ petition that the petitioner has suffered 100% disability which is severe and permanent one, due to negligence of Naik Rajesh. Further, it is stated that FIR was lodged in the Police Station, copy of which is annexed with the reply as Annexure-R.1. However, they have stated that the petitioner was engaged by the State Government and was deputed with the Army, thus respondents 1 to 3 are not liable to pay compensation and cannot be saddled with the liability.