Civil Law : Compensation to handicapped no obligation but duty of Govt
Posted on : 03 December 2008 by Y.Prakash [ Scorecard : 9761]
The Delhi High Court directed the Defence Ministry to pay compensation to a young man who lost his hand five years ago while on duty and reinstate him in his job immediately.
Lashing out at the Colonel Commandant of Remount Training School and Depot in Saharanpur (UP) for refusing to pay compensation to a young man who lost his hand while on duty and terminating his services, a bench comprising Justices AP Shah and S Murlidhar directed him to consider the requirements of the applicant.
‘He must be given his right. It is no charity he is asking,’ the bench observed. ‘You give him compensation and not sympathy besides some light work as he is handicapped now,’ it added.
The case pertains to 27-year-old Sri Murslin, who lost one of his hands while working on a saw machine in 2003. After the incident the school refused him compensation as he was not a permanent employee with the Army and terminated his services.
Advocates Sanjay Kumar Sharma and Ms Parigul Khan, appearing for Murslin, said the attitude of the Army officials was so ‘depressing and adamant’ that they refused to honour the Labour Court directions. Earlier, a single bench of High Court had also directed the institute to pay him compensation which they challenged and delayed the matter for five years, Advocate Sharma said.
