In a significant decision, the Jammu and Kashmir and Ladakh High Court upheld the single-bench judgement awarding Rs 10 lakh compensation to a former Forest Department employee Jehangir Ahmad Khan, who lost his right arm in a crossfire between security forces and militants in 2000. The court dismissed the government's appeal and ruled that the loss had permanently altered Khan's life and ability to earn a livelihood.
The High Court's division bench comprising justices Sanjeev Kumar and Puneet Gupta stated that the awarded compensation was neither “exorbitant nor irrational.”
The bench pointed out the gravity of Khan's suffering, both physically and emotionally, in their judgement.
“The respondent (Khan), who was made to live the rest of his life without a right arm has suffered immense loss in terms of amenities of life. He would not be in a position to supplement his small pension by doing any menial job after his retirement without the right arm,” the court observed.
The case dates back to 2000, when Khan, then a helper in the Forest Department, was caught in a crossfire incident. He sustained severe injuries and it resulted in the amputation of his right arm.
Initially, the government sanctioned an ex-gratia payment of Rs 75,000. However, Khan argued that the amount was grossly inadequate given his medical expenses and permanent disability.
In 2015, Khan filed a petition seeking Rs 15 lakh compensation.
The High Court's single bench (the Writ Court) gave its decision in Khan's favour on June 9, 2023 and granted him Rs 10 lakh as ex-gratia.
The government, however, contested the judgement arguing that Khan's pay and pension offered adequate financial stability because he was a government employee.
Rejecting this argument, the division bench on Wednesday (February 5, 2025) pointed out the irreversible damage caused by Khan's disability.
“It is not in dispute that the respondent suffered an injury that ultimately resulted in amputation of his right arm during his employment. The respondent would face the stigma of being a person without a right arm for the rest of his life,” the judgement noted.
Citing Article 21 of the Constitution of India, which guarantees the right to life and personal liberty, the bench ruled that the compensation was justified. “In such circumstances, the compensation of Rs 10 lakh, in addition to Rs 75,000 as ex-gratia, cannot, by any stretch of reasoning, be said to be exorbitant or irrational”.
The court ordered immediate release of Rs 5 lakh, already deposited by the government, along with accrued interest.
“We find no merit in the government's appeal and it is accordingly dismissed. The amount of Rs 5 lakh, deposited by the appellants before this Court under the order dated September 2, 2024, read with the order dated November 29, 2024, shall be released in favour of the respondent (Khan) herein, along with interest accrued thereupon,” it ordered.
Raja Riyaz Ahmad Khan, ex Additional Advocate General was contesting the case for compensation on behalf of Jahanger Ahmed Khan.