Decided on July 19,2022

Kanu Miah Appellant
UNION OF INDIA Respondents


T.AMARNATH GOUD,J. - (1.)Heard Ms. S. Debgupta, learned counsel appearing for the petitioner as well as Mr. B. Majumder, learned Asst. S.G. appearing for the respondents No. 1, 2 and 3 and Mr. P.K. Dhar, learned senior G.A. assisted by Ms. S. Nag, learned counsel appearing for the respondents No. 4, 5 and 6.
(2.)The case of the petitioner is that he is a 50% disabled person who was injured due to the indiscriminate firing of the BSF Jawans on the evening of 6/6/2014 at South Ramnagar, West Tripura. In this incident the petitioner's father Ismail Miah succumbed death on the spot and the petitioner was seriously injured. He was referred outside the State from AGMC and GBP Hospital and admitted in Fortis Hospital, Kolkata. Due to the said incident, the petitioner's both leg are shortening to 2.5 inch. The District Disability Board issued a certificate of 50% locomotor disability in favour of the petitioner. The petitioner was an auto driver and he used to earn Rs.10,000.00 per month. Since 2014, till today he is under treatment of Orthopedics. For the purpose of livelihood, he is entitled to get compensation. He has submitted a prayer before the respondent No. 5 praying for compensation but till today, the respondent No. 5 did not reply or have not taken any step for his compensation. It is also admitted by him that government has provided several compensation towards his medical aid. Further, the petitioner approached this court seeking compensation for his disability and for loss of his income.
(3.)Ms. S. Debgupta, learned counsel appearing for the petitioner has relied on a judgment of the Delhi High Court in Ram Kishore v. Municipal Corporation of Delhi [judgment dtd. 18/7/2007] and a judgment of the Madras High Court in Jothi Lakshmi v. Union of India and Another [judgment dtd. 9/11/2009 in WP No. 9909 of 2004] in support of the contention that the writ petition is maintainable.

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