Srinagar: The Additional District Judge Srinagar Thursday awarded Rs 16.60 lakhs compensation to a family from downtown, for the death of its 20-year-old member in a blast at an Exhibition Grounds in 1986.
The suit for compensation was filed by one Mohammad Yousuf Shah (now dead) before the High Court of Jammu & Kashmir in 1986, and was subsequently transferred to the 2nd Additional District Judge, Srinagar, by an order dated July 14, 1995.
In the suit, Shah, subsequently represented by his legal heirs, including his wife and children, pleaded that his 20-year-old son, Avis Ahmed, died of severe injuries sustained in a blast at the exhibition arranged by the government at the Exhibition Ground (Numaishgah) in Srinagar during September–October 1985.
Shah argued that admission to the exhibition ground was neither free nor unregulated, and that the State government was expected to take steps to maintain law and order, security, and safety for all who entered the exhibition, as well as for those running various stalls.
The State, as pleaded, was under an obligation to ensure the safety and security of every person in the State and visitors to the exhibition. On October 13, 1985, Shah stated that his son was entering the Exhibition Ground to a place of entertainment set up by the organizers after paying the entry fee. This place, separately fenced, was known as ‘Radha Theatre.’
Avis, who was working as a mechanic, became the victim of a bomb blast there and suffered serious injuries, ultimately passing away on October 14, 1985, at Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar.
Police Station Shergarhi immediately registered a case under Section 307 of the Ranbir Penal Code and Section 3 of the Explosive Substances Act, indicating that the cause of death was due to injuries caused by the blast.
“It is an indisputable fact that a bomb blast took place at ‘Radha Theatre’ in the Exhibition Ground on the fateful day of October 13, 1985. It is also not denied by the defendants (authorities) that the deceased sustained injuries because of the bomb blast and later succumbed to his injuries on October 14, 1985, at SKIMS, Soura,” said Swati Gupta, 2nd Additional District Judge, Srinagar.
“In fact, this fact has been admitted by the defendants in their pleadings. It is also nobody’s case that he was involved in any terrorist or subversive activity that resulted in his death,” read her judgment.
The court noted that compensation in such circumstances is not merely an act of restitution or a measure of damages, but a remedy intended to compensate the bereaved family and enable it to withstand the financial loss caused by the death of a young earning member—though no amount of money can ever truly compensate the loss of a loved one.
Accordingly, the court held that the victim’s family is entitled to Rs 3,24,000 as compensation from the authorities for the loss of life of Avis Ahmed Shah, along with interest at the rate of 8 percent per annum on the compensation amount, calculated from the date of institution of the suit until the date of actual payment.
To date, the total amount, including principal and interest, comes to around Rs 16.60 lakhs.
“The defendants are directed to pay the compensation along with interest, as directed hereinabove, within two months from the date of this judgment,” the court ordered, adding, “In default of payment of compensation, the defendants shall further pay interest at 4 percent per annum over and above the interest already awarded, on the amount of compensation.”
