Calcutta High Court (Appellete Side)
Sri Bijan Behari Maiti vs The State Of West Bengal & Ors on 16 August, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
The Hon'ble Justice Joymalya Bagchi
W.P. 13906 (W) of 2016
Sri Bijan Behari Maiti
Vs.
The State of West Bengal & Ors.
For the petitioner : Mr. Prabir Chatterjee
For the State : Mr. Sabir Ahmed,
Mr. Pritheeraj Sen
Heard on : 16.08.2016
Judgement on: 16.08.2016
Joymalya Bagchi, J. :-
The petitioner is a victim of acid attack and had suffered
serious injuries for which he was required to undergo medical
treatment including skin grafting.
It has been argued on behalf of the State that the petitioner is
entitled to get compensation of Rs.50,000/- in view of the schedule
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appended to the Victim Compensation Scheme notified on 1st
November, 2012.
Relying on the Apex Court's decision in the case of Laxmi vs.
Union of India & Ors. (2014) 4 SCC 431, Mr. Chatterjee, learned
Counsel appearing for the petitioner, submits that compensation
payable to a victim of acid attack cannot be less than of
Rs.3,00,000/-.
I have considered the submissions of the learned Counsel
appearing for both the parties. Admittedly the petitioner had suffered
loss of sight in one eye as well as other extensive injuries due to acid
attack. Accused persons have been convicted in the criminal case
arising out of the incident of acid attack upon the petitioner.
Question which falls for decision in this writ petition is
whether the petitioner is entitled to get compensation under the
Victim Compensation Scheme under Section 357A of the Code of
Criminal Procedure and, if so, to what extent.
With regard to the entitlement of the petitioner there is no
dispute in as much as he is a victim of acid attack. However, it is
contended that in the light of the scheme and the schedule appended
thereto the petitioner is entitled to get a sum of Rs.50,000/- only.
On the other hand, reliance is placed on Laxmi vs. Union of India &
Ors.(supra) and an unreported decision of this Court in W.P. No.
34704(W) of 2013 (Sabana Khatun vs. The State of West Bengal &
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Ors.) to argue that petitioner is entitled to compensation to the tune
of at least Rs.3,00,000/-.
In Laxmi vs. Union of India & Ors.(supra) the Apex Court is
held as follows :
"13. We are informed that pursuant to this provision, 17 States
and 7 Union Territories have prepared 'Victim Compensation
Scheme'(for short 'the Scheme'). As regards the victims of acid
attacks, the compensation mentioned in the Scheme framed by
these States and Union Territories is un-uniformed. While the
State of Bihar has provided for compensation of Rs.25,000 in
such Scheme, the State of Rajasthan has provided for Rs.2
lakhs of compensation. In our view, the compensation
provided in the Scheme by most of the States/Union Territories
is inadequate. It cannot be overlooked that acid attack victims
need to undergo a series of plastic surgeries and other
corrective treatments. Having regard to this problem, the
learned Solicitor General suggested to us that the
compensation by the States/Union Territories for acid attack
victims must be enhanced to at least Rs 3 lakhs as the
aftercare and rehabilitation cost. The suggestion of the learned
Solicitor General is very fair.
14. We, accordingly, direct that the acid attack victims shall be
paid compensation of at least Rs.3 lakhs by the State
Government/Union Territory concerned as the aftercare and
rehabilitation cost. Of this amount, a sum of Rs.1 lakh shall
be paid to such victim within 15 days of occurrence of such
incident (or being brought to the notice of the State
Government/Union of Territory) to facilitate immediate medical
attention and expenses in this regard. The balance sum of
Rs.2 lakhs shall be paid as expeditiously as may be possible
and positively within two months thereafter. The Chief
Secretaries of the States and the Administrators of the Union
Territories shall ensure compliance with the above direction."
The ratio in the aforesaid authority was quoted with approval
by another learned Single Judge of this Court of W.P. No. 34704(W) of
2013 wherein it was held that a victim of acid attack is entitled to a
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higher compensation in terms of the ratio laid down by the Apex
Court and not the schedule appended to the Scheme framed by the
State of West Bengal. It appears from the said report that the Apex
Court had fixed a minimum amount of Rs.3,00,000/- to an acid
attack victim. It is, therefore, open to the State respondents to frame
a Victim Compensation Scheme of varying amounts of compensation depending on the degree of injuries including loss of life suffered by the victim, however, the minimum amount of compensation cannot be fixed below Rs.3,00,000/-.
Under such circumstances, I dispose of this writ petition directing the respondent authorities more particularly, the Chief Secretary of the State of West Bengal to pay a total sum of Rs.3,00,000/- to the writ petitioner, an acid attack victim, and out of the said amount a sum of Rs.1,00,000/- be paid within fifteen days from the date of communication of this order and thereafter the balance amount be paid within two months thereafter as prescribed by the Apex Court in its order passed in connection with Laxmi vs. Union of India & Ors. (supra). In the event the payment schedule is not adhered to by the respondent authorities the amount shall carry interest of 15 per cent per annum from the date of accrual of liability till the date of payment.
There shall be no order as to costs.
5Let photostat plain copy of this order, duly countersigned by Assistant Registrar (Court), be given to the learned Counsel appearing for the respective parties on usual undertaking.
(Joymalya Bagchi, J.)