The Madras High Court has directed Army officials and the Centre to deposit 50 per cent of the compensation awarded to two daughters of an army personnel, shot dead along with his wife by a Havildar of Madras Regimental Centre (MRC) in Wellington in 2008.
When an appeal filed by the Centre challenging the trial court's order granting Rs 15 lakh compensation came up for hearing, the court said their interim prayer for stay could be allowed only if they paid 50 per cent of the decreed amount and also the entire suit cost of Rs 1.45 lakh within 12 weeks.
A division bench comprising Justice V Ramasubramanian and Justice V M Velumani directed Chief Administrative Officer of Army, the Brigadier of MRC and Union Home Secretary to deposit Rs 7.5 lakh, being half of the compensation ordered.
The havildar attached to the MRC had fallen in love with one of the daughters of the army personnel. However, when she spurned his proposal, he fired at her family members using an AK-47 rifle which he took from the regiment's Arms Room.
The army personnel and his wife died while his daughters S Jeyapriay and S Jeyasudha suffered injuries.
The havildar was convicted and sentenced to life imprisonment.
In the Meanwhile, the two daughters filed a suit seeking compensation from the the Chief Administrative Officer of the Indian Army, contending that the MRC Brigadier had failed to secure the Arms Room properly, leading to death of their parents and suffering injuries themselves.
The trial court held that officials were liable to pay the compensation and awarded Rs 15 lakh for the children with six per cent interest.
Challenging this, the MRC filed the present petition.
The high court observed that the cost deposited by the appellant should be remitted to the trial court as per statue, since the original suit was filed 'informa pauperia' (petitioner has no funds to pay court fees and other charges). After adjusting the court fees, the balance cost could be allowed to be withdrawn by the two daughters, the judges said.
Similarly, the court allowed the two girls to withdraw half the amount deposited as compensation and keep the rest in bank for a period of three years renewable till the appeal was finally disposed of.
