The Kashmir Dialogues
Srinagar, Feb 5, : The Jammu and Kashmir and Ladakh High Court has dismissed an appeal filed by the Union Territory government challenging the compensation awarded to Jehangir Ahmad Khan, a government employee who lost his right arm in a cross-firing incident between security forces and militants.
A division bench comprising Justice Sanjeev Kumar and Justice Puneet Gupta upheld the judgment of the single bench, which had directed the government to pay ₹10 lakh in compensation to Khan, in addition to the ₹75,000 already granted as ex-gratia.
Khan, who was serving as a Helper in the Forest Department in the year 2000, suffered a grievous injury in the exchange of fire, leading to the amputation of his right arm. He approached the court in 2015, seeking ₹15 lakh as compensation for his 85% permanent disability, including the pain and suffering caused by the loss of his limb.
The government opposed the plea, arguing that Khan continued to receive his salary as a government employee and would also be entitled to a pension. However, the court observed that the injury had caused irreparable harm to Khan’s quality of life and his ability to earn beyond his government service.
“The respondent has suffered immense loss in terms of amenities of life and would not be in a position to supplement his small amount of pension by doing any menial job after retirement,” the court noted. It further stated that the compensation granted was neither exorbitant nor irrational.
With the dismissal of the appeal, the court also directed the release of ₹5 lakh, already deposited by the government, along with accrued interest, to Khan.
Sheikh Mudasir
