6.148 A report from the Senior Superintendent of Police, Lucknow, disclosed that Jagram Verma along with Constables Arun Kumar and Dharminder Singh were censured and a warning was given to them. After perusing the reports received from the State Government, the Commission directed payment of Rs. 10,000 to the victim as immediate monetary relief by the State of Uttar Pradesh within six weeks. The State of Uttar Pradesh has complied with the recommendations of the Commission. 35. Severe Injuries Caused to Subham Das (Four Years) by 12 Bore Gun of Security Guard of North Searsole Colliery in West Bengal (Case No. 589/25/2002-2003) 6.149 The father of four-year-old Subham Das approached the Commission to ensure appropriate relief for his son who was hit by the pellets of a security guard's gun on 19 January 2000. On that day at about 1.30 p.m., the little boy was standing in front of a stationery shop along with his mother. A security guard of North Searsole Colliery came along with a cash escort team to a nearby bank. He had a loaded 12 bore gun which suddenly went off and several pellets hit the boy. Subham was taken to the hospital. Some of the pellets were removed after surgery but many pellets still remained embedded in the body. A Cr. Case No. 12/2000 u/s 326 IPC was registered against the guard. 6.150 The Commission obtained a report from the Ministry of Coal and Mines, which confirmed the incident. It further stated that the accident had taken place due to some mechanical fault in the gun and that the security guard had been charge-sheeted and a departmental enquiry had also been initiated against him. 6.151 The medical report clearly showed that the incident has brought a life-long agony to the child. In future, whenever the symptoms occur, the boy will require surgery in multiple sittings involving intra-operative imaging that may be hazardous. As a matter of fact, the health scenario for the child is so uncertain that the doctors found it difficult to give an idea of the expenses which would be required for treatment. All these problems have arisen for the child simply because the security guard of ECL was negligent. Even if one assumed that there was a mechanical defect in the double barrel gun carried by the security guard, the liability for damage caused to the child will still rest with the company which is admittedly owned by the State. 6.152 Considering the above mentioned circumstances, the Commission observed that it becomes imperative that adequate monetary provision for the child should be made so that he or his parents may draw upon it as and when the need arises. Keeping in mind the various possibilities mentioned in the medical report, the Commission thus recommended that the Ministry of Coal and Mines, Government of India deposit an amount of Rs. 10,00,000 (Rupees ten lakhs) in the name of Subham Das under the guardianship of his father Shri Surjit Das in a nationalized bank. The money will remain as a deposit in the bank till the child attains the age of majority. The father of the child may make withdrawals from the bank account from time to time as and when the need arises after obtaining prior permission from the Commission. 60 National Human Rights Commission