Madhya Pradesh High Court
Nandlal Malviya vs Health And Family Welfare Department on 12 January, 2018
-1- W.P NO.19968/17
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
12.01.2018 (INDORE):
Ms.Shanno Khan, learned counsel for
the petitioner.
Shri Anirudh Waghmare, learned
counsel for the respondents/State.
Heard.
The present case reflects the very sorry state of affairs, the petitioner, a victim of the acid attack has not been paid compensation in the light of the judgment of the Supreme Court in the case of Laxmi vs. Union of India & Others passed in Writ Petition (CRL.) No.129 of 2006. The acid was poured on the petitioner on 5.11.2017 and in spite of repeated opportunities, the amount of compensation has not been paid to him. Although his treatment is being done free of cost by Bombay Hospital, Indore but the fact remains that the petitioner needs the amount of compensation for other expenditure as he is unwell. The Secretary, Legal Services Authority has -2- W.P NO.19968/17 brought to the notice of this Court that they have already passed an order, however, the head from which the money has to be paid to the petitioner falls under a particular head and that particularhead has not been merged with the head of District Court. The Secretary, Legal Services Authority has expressed his helplessness in the matter as appropriate action has to be taken by the Home Department as well as Treasury Department. At this juncture, this Court is left with no other option except to direct the personal appearance of Principal Secretary, Home and Principal Secretary, Finance and Collector, Indore before this Court on the next date of hearing. It is made clear that in case the compensation amount is paid to the petitioner by the next date of hearing the personal appearance of the concerned officers shall be exempted without reference to this Court.
Also heard on IA No.208/18, an interim application filed by the -3- W.P NO.19968/17 petitioner. By this application petitioner has stated before this court that he requires some immediate ophthalmology specialist treatment which is not available at Bombay Hospital, Indore and is only available at Choitram Hospital, Indore. Resultantly, the Choitram Hospital, Indore is directed to provide immediate necessary treatment to the petitioner free of cost in respect of the problem which he is facing in his eyes.
A copy of this order be communicated to the Choitram Hospital, Indore by the learned counsel for the petitioner as well as learned Govt. Advocate for appropriate action in the matter.
List on 29.01.2018.
C.c as per rules.
(S.C.SHARMA) JUDGE hk/ Digitally signed by Hari Kumar Nair Hari Kumar DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Nair 2.5.4.20=297e891894a3c0a72fe33615 1e45300982d99410547d92f39d7bb69 ecedcaf7c, cn=Hari Kumar Nair Date: 2018.01.17 01:30:20 -08'00'