Landmine victims can get compensation : AP High Court

By S A Ishaqui

Hyderabad,April 26 : The Andhra Pradesh High Court held that landmine blast victims are entitled for compensation under the Motor Vehicles Act apart from ex gratia.

A division bench comprising Justice B. Prakash Rao and Justice B. Chandra Kumar, while allowing two civil miscellaneous appeals filed by the family members of two victims who died in a landmine blast at Vizianagaram, declared that these accidents also come under the definition of rash and negligent driving as defined under the MV Act.

The bench observed, “We are of the view that the driver of the vehicle alone need not be rash and negligent in driving the vehicle, but negligence on part of the owner or the persons responsible for plying the vehicle also amounts to rash and negligent driving.”

The judges said that the words “rash and negligent driving” have to be given a wider meaning.

The bench said admittedly the victims were proceeding in the forest area in which, extremists were moving. In such a situation, the police officials should have been very cautious and careful.

“With their wide experience, they ought to have visualised that the extremists may keep a watch on the movements of the police and may use landmines to kill them.” The bench made it clear that the settled law is that the ex gratia and other allowances paid to legal heirs of the deceased cannot be taken into consideration for determining the compensation under the provisions of the Act.

While setting aside an order passed by the Accidents Claim Tribunal at Vizianagaram, the court declared that Shaik Ismail, who was the driver of the bus, which was targeted by the extremists, was awarded Rs 5.07 lakhs as compensation.

The bench also declared that Bhupathi Sreeramulu, police constable, killed in the blast, is also entitled for Rs 10.97 lakh compensation.

While observing the accident (landmine blast) is nothing but a negligent act of the respondents and therefore, they are liable to pay compensation, the bench said the claimants are also entitled to interest at the rate of 7.5 per cent per annum from the date of petition till the date of realisation.