Delhi High Court grants compensation to victims of '84 riot case

New Delhi, July 5 (UNI) Delhi High Court today granted the mother of the deceased girl in the 1984-sikh roits case same amount of compensation as the father of her daughter her deceased husband.

Justice Badr Durrez Ahmed setting aside the general rules of Hindu succession act ,allowed the parents of the deceased wife same amount of compensation as the deceased husband's parent.

The court observed that Since Ganny kaur lost her daughter, son-in-law and grand children and Kishan Singh lost his son, daughter-in -law and grand children there is no difference in the mental agony sufferred by both.The agony of loss of daughter cannot be less than the agony of loss of a son. Similarly is the case of grand children.

The Court directed the state to distribute Rupees 14 lakhs received as compensation to both the parents in equal measures,Rupees Seven lakhs to Ganny kaur and rupees seven lakhs to Kishan Singh. The case goes back to the year 1984 when the petitioner Ganny kaur lost her daughter Ishwari kaur,and her son-in-law Laxman Singh and her two grand children.

Since Ganny Kaur was living in a distant village, all compensation amount was paid to Kishan Singh the father of her son-in-law Laxman Singh (samdhi).

The Goverment of NCT of Delhi had sanctioned ex-gratia payment of rupees ten thousand to the surviving family member of each riot victim which was subsequently enhanced to rupees Twenty thousand. Since Ganny Kaur was living in a distant village all compensation was claimed by Kishan Singh.

later on after Bhajan Kaur's case (another victims case ) the court had directed the Goverment to pay a sum of Rupees 3.5 lakhs to the families of the victims. The goverment made the disbursements on the basis of the amount disbursed earlier. Only those who received ex-gratia earlier were eligible for the enhanced additional amount.

Ganny Kaur had not earlier taken any compensation was denied the enhanced amount now. The SDM (riots cell,1984) Preet Vihar, Delhi in his counter affidavit to the court submitted that the petitioner has no locus-standi in the matter as no new person can take place as per the succession.

The Lawyer for the state contented that the amount of compensation is payable to the legal representatives only, which contemplates two categories on the death of a person. The first is pecuniary loss sustained by the dependant family members and the second is loss caused to the astate due to such death.

The Court reffered to some relevant stautary provisions Of the Indian Fatal Accidents act 1855.Section 1-A of this act provides specifically that every such action or suit shall be for the benifit of the husband, wife, parent or child. The court may give such damages as it may think propotionate to the loss of resulting from such death to the parties respectively.Applying the same principals the Court rulEd that there is no difference between the position of both the parents, therefore, the compensation be to both in equal sum of rupees seven Lakhs each.

UNI