SUPREME COURT OF INDIA

Before:- D.M. Dharmadhikari and G.P. Mathur, JJ.

Civil Appeal No. 345 of 2004. D/d. 15.2.2005.

State of Chhattisgarh & Anr. - Appellants

Versus

Smt. Jyoti Siddhu - Respondents

Constitution of India, 1950, Articles 21, 136 and 226 - Grant of compensation for death in 1984 riots - High Court awarded compensation to the respondent - No FIR available in the instant case - State withdrew similar appeal against grant to compensation to a riot victim in another case - Held - Compensation to the respondent in instant case cannot be denied merely because FIR was not available - More so when claim had been found to be based on the death during the riots of 1984.

[Paras 2 and 3]

JUDGMENT

D.M. Dharmadhikari, J. - This appeal has been preferred by the State of Chhattisgarh against the order of the High Court of Chhattisgarh awarding compensation in a sum of Rs. 2,00,000/-(Rupees two lacs) with 9 per cent interest per annum (per month wrongly mentioned in the impugned order) for death in riots in the year 1984.

2. It has been reported to us that similar relief, by grant of compensation for death in the riots, was granted to one other claimant and the Civil Appeal against the same was also filed by the State being Civil Appeal No.344 of 2004 but it has been withdrawn by the State and disposed of as such on 10th of December, 2004 by a bench of this Court.

3. In the circumstances, learned counsel seeks time to take specific instructions from the State to withdraw this appeal. As the State has withdrawn similar appeal against grant of compensation to a riot victim in that case, only because in the present case there is no First Information Report available, the compensation to the present respondent cannot be denied, when the claim has been found to be based on the death during riots of 1984. We, therefore, decline to interfere in this appeal.

4. The appeal is accordingly dismissed.

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