2022 Supreme(Del) 1602
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Tarun Preet Singh - Appellant
Versus
Union Of India & Anr. - Respondents
W.P.(C) 6670 of 1998
Decided On : 26-04-2022
Important Points
Subject
Civil Law - Compensation
Act Referred
CRIMINAL PROCEDURE CODE : S.357(a)
INDIAN PENAL CODE : S.302, S.34
Headnote
Compensation - Connaught Place Shootout - Criminal Procedure Code, 1973, Motor Vehicles Act, 1988 - The court awarded compensation of Rs. 15 lakhs to the petitioner, who was injured in the Connaught Place shootout incident involving the Delhi Police. The court considered the impact of the incident on the petitioner's life, the mental trauma suffered, and the prolonged legal proceedings. The court applied the principles of compensation as provided for in the Motor Vehicles Act, 1988 and previous judgments to determine the quantum of compensation.
Fact of the Case:
The petitioner was one of the victims in the Connaught Place shootout involving the Delhi Police. He suffered serious injuries and sought compensation of Rs. 1 crore. The trial of the police officials concluded with their conviction, and the families of the deceased victims were awarded compensation. The petitioner, aged 43, had shrapnel in his body and slight disability in the right hand.
Finding of the Court:
The court found that the petitioner had been grievously injured and had suffered mental trauma as a prosecution witness in the criminal cases against the police officials. The court considered the impact of the incident on the petitioner's life, the mental trauma suffered, and the prolonged legal proceedings. The court awarded compensation of Rs. 15 lakhs to the petitioner, taking into account the principles of compensation as provided for in the Motor Vehicles Act, 1988 and previous judgments.
Issues: The issues involved the determination of compensation for the petitioner's injuries and the impact of the Connaught Place shootout incident on his life.
Ratio Decidendi: The court applied the principles of compensation as provided for in the Motor Vehicles Act, 1988 and previous judgments to determine the quantum of compensation for the petitioner's injuries and mental trauma.
Final Decision: The court awarded compensation of Rs. 15 lakhs to the petitioner, considering the impact of the incident on his life, the mental trauma suffered, and the prolonged legal proceedings.
Mr. Sachin Jain and Ms. Isha Aggarwal, Advocates, for the Appellant; Mr. Shoumendu Mukherji, Sr. Panel Counsel, for the Respondent.
JUDGMENT
Prathiba M. Singh, J. - Brief Facts
1. The present writ petition has been filed by the Petitioner-Shri Tarun Preet Singh-who is one of the victims in the unfortunate Connaught Place shootout (hereinafter referred as 'Incident '), which took place on 31st March 1997.
2. The Petitioner and his two friends, Shri Pradeep Goyal and Shri Jagjit Singh, were travelling in a car and had stopped at Barakhamba Road, near Connaught Place (hereinafter referred as 'CP ') when a shootout involving the Delhi Police, took place. When the three friends were taken to Dr. Ram Manohar Lohia Hospital (hereinafter referred as 'RML'), the two friends of the Petitioner were declared brought dead. The Petitioner was injured. An FIR being FIR No.453/97 under Sections 302/34 IPC, was registered on the very next day and the Chargesheet No.7/97, dated 2nd April, 1997, was also filed. The Petitioner was discharged from RML on 15th April, 1997. The present writ petition was filed in December, 1998, seeking compensation of Rs.1 crore.
3. In this writ petition, vide order dated 10th December, 1999, an ad-hoc compensation of Rs.1 lakh was awarded to the Petitioner. The said order reads as under:
'This petition has been filed by Shri Tarun Preet Singh who suffered serious injuries during an encounter by the police party at the Red Light Signal, Barakhamba Road Crossing. It is pleaded that Shri Tarun Preet Singh suffered serious injuries as a result of indiscriminate firing by the Police Personnel without any provocation. The petitioner was not involved in any criminal activities and is still suffering serious disabilities. The petitioner has claimed compensation of Rs. 1 crore. Notice in the petition was issued as far back as on December 18,1998 and the respondents have not filed any affidavits so far. The respondents shall now file reply affidavit within four weeks with advance copy to learned counsel for petitioner who may file rejoinder, if any, within two weeks thereafter. In the meanwhile respondent No.2 shall give an ad hoc compensation in the sum of Rs. 1 lac to the petitioner within one week from today which shall be subject to the respective contentions of the parties. '
4. The trial pursuant to Chargesheet No.7/97 concluded on 16th October, 2007, and 10 police officials were convicted. They were sentenced to life imprisonment on 24th October, 2007. This conviction was upheld by the High Court on 18th September, 2009 and by the Supreme Court, vide judgment dated 2nd May, 2011 in Satyavir Singh Rathi Assistant Commissioner of Police and Others v. State through CBI, (2011) 6 SCC 1.
5. The families of the two other deceased had also filed writ petitions seeking compensation, being W.P.(C) 4756/1997 titled Neema Goyal v. Union of India & Anr. and W.P.(C) 5405/1997 titled Jaspal Kaur v. Union of India & Anr. In these cases, a ld. Single Judge of this Court had, vide a detailed common judgment dated 4th July, 2011, granted compensation to each of the deceased's families, to the tune of Rs.15 lakhs in the following terms:
'33. The writ petitions are disposed of with the following directions:
(i) The Respondents will within a period of six weeks from today deposit in this Court, by a cheque or draft in the name of the Registrar General, a sum of Rs.15 lakhs being the compensation amount payable to the Petitioner Neema Goyal and her son Naman Goyal. Of the said amount a sum of Rs.7,50,000 will be paid to Neema Goyal by the Registrar General on proper identification, within a period of one week thereafter. The balance amount of Rs.7,50,000 will be placed in a fixed deposit with a nationalised bank in the name of Naman Goyal. After he attains majority, Naman Goyal can withdraw the amount in the fixed deposit together with the interest accrued thereon.
(ii) The Respondents will within a period of six weeks from today deposit in this Court, by a cheque or draft in the name of the Registrar General, a sum of Rs. 15 lakhs being the compensation amount payable to the Pe