Allahabad High Court
Asalam vs State Of U.P. And 2 Others on 23 October, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:169335-DB Court No. - 40 Case :- WRIT - C No. - 25630 of 2024 Petitioner :- Asalam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Danish,Mohammad Iliyas Counsel for Respondent :- Ashutosh Gupta,C.S.C. Hon'ble Shekhar B. Saraf,J.
Hon'ble Kshitij Shailendra,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents no.1 and 2 and Sri Ashutosh Gupta, learned counsel for the respondent no.3.
3. The instant writ petition has been filed claiming various reliefs, one of which is with regard to payment of compensation of a sum of Rs.5,00,000/- (Rupees Five Lac only) under the U.P. Victim Compensation Scheme.
4. At the very outset, learned counsel for the petitioner submits that after filing of the instant writ petition, compensation of Rs.5,00,000/- (Rupees Five Lac only) has been paid to the petitioner and, therefore, first prayer has rendered infructuous.
5. As regards remaining prayers, the same raise a claim for enhanced compensation of at least Rs.1,00,00,000/- (Rupees One Crore only) against the injuries suffered by the petitioner due to acid attack on him; to provide a permanent government job of not less than that of a Grade-II Officer; to provide monthly pension to him till he is rehabilitated; to provide him a continuous source of income; to ensure complete medical rehabilitation of the petitioner including free of cost treatment of both physical injuries and mental trauma in government and private hospitals; to provide lifetime support for medical treatment and corrective/ re-constructive surgeries and assistance of a psychologist to deal with post trauma stress; to develop a comprehensive rehabilitation scheme for the survivors of acid attack and to establish a proper monitoring system to review the status and ensure implementation of respective Victim Compensation Schemes.
6. The case of the petitioner is that he is now aged about 35 years and when he was 27 years old, he was attacked with acid by three unknown assailants and suffered many injuries on his body, as a result whereof, he has completely lost his vision, his face stands completely damaged and he has undergone multiple surgeries and treatments.
7. Learned counsel for the petitioner has referred to a disability certificate dated 20.10.2019 describing his physical disability as 100% and has prayed for the aforesaid reliefs by placing reliance upon a judgment of Supreme Court in the case of Parivartan Kendra Vs. Union of India and others: (2016) 3 SCC 571, especially paragraph 21 thereof, which is reproduced as under:-
"21. In peculiar facts of the case, we are of the view that victim Chanchal deserves to be awarded a compensation more than what has been prescribed by this Court in Laxmi Vs. Union of India (2014) 4 SCC 427. Though in this case we are not issuing any guidelines different from the guidelines issued in Laxmi's case (supra), we should not forget that the younger sister was also injured by the acid attack. Although her degree of sufferance is not as that of the elder one, but she also requires treatment and rehabilitation. It is to be noted that this Court in Laxmi Vs. Union of India (2016) 3 SCC 669 does not put a bar on the Government to award compensation limited to Rs.3 Lakhs. The State has the discretion to provide more compensation to the victim in the case of acid attack as per Laxmi case (supra) guidelines. It is also to be noticed that this Court has not put any condition in Laxmi's case (supra) as to the degree of injuries which a victim has suffered due to acid attack. In the instant case, the victim's father has already spent more than Rs. 5 lakhs for the treatment of the victim. In consideration of the severity of the victim's injury, expenditure with regard to grafting and reconstruction surgery, physical and mental pain, etc., we are of the opinion that the victim (Chanchal) should be compensated to a tune of at least Rs. 10 Lakhs. Suffice it to say that the compensation must not only be awarded in terms of the physical injury, we have also to take note of the victim's inability to lead a full life and to enjoy those amenities which is being robbed of her as a result of the acid attack. Therefore, this Court deems it proper to award a compensation of Rs. 10 lakhs and accordingly, we direct the Government concerned to compensate the victim Chanchal to a tune of Rs. 10 Lakhs, and in light of the Judgment given in Laxmi's case (supra) we direct the State Government of Bihar concerned to compensate the main victim's sister, Sonam to a tune of Rs. 3 Lakhs. Of the Total amount of Rs. 13 Lakhs, a sum of Rs. 5 lakhs shall be paid to the victim and her family within a period of one month and the remaining sum of Rs. 8 lakhs shall be paid to the victims within a period of three months from the date of this order. Furthermore, the State shall upon itself take full responsibility for the treatment and rehabilitation of the victims of acid attack as per the Guidelines provided in Laxmi's case (supra), vide order dated 10.4.2015."
8. Learned Standing Counsel submits that though the petitioner has already been paid compensation to the tune of Rs.5,00,000/- (Rupees Five Lac Only), in case he is not satisfied with the same and is desirous of further reliefs, his grievance can be entertained by Zila Divyangjan Sashaktikaran Adhikari, Hapur and, therefore, the petitioner may be relegated to represent his grievance before the said Authority.
9. Having heard learned counsel for the parties, this Court is of the view that Zila Divyangjan Sashaktikaran Adhikari, Hapur being competent to entertain further grievance of the petitioner, the petitioner should be relegated to approach the said Authority and, in such event, the Authority would be under obligation to decide the claim of the petitioner in a fixed time frame.
10. In view of the above, the instant writ petition is disposed of permitting the petitioner to file a representation before the Zila Divyangjan Sashaktikaran Adhikari, Hapur along with true attested/ certified copy of the instant order. In case such a representation is filed within a month from today, the Authority shall examine the same in the light of the judgment of the Apex Court in Parivartan Kendra (supra) and, after providing opportunity of hearing to the petitioner or his representative, the Authority shall decide the claim strictly in accordance with law within next three months and shall communicate its decision to the petitioner by registered post.
Order Date :- 23.10.2024 AKShukla/-
(Kshitij Shailendra, J.) (Shekhar B. Saraf, J.)