18 Sep 2023 5:00 AM GMT
The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them.Justice Devan Ramachandran, observed thus:“The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the...
The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them.
Justice Devan Ramachandran, observed thus:
“The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the parties. A specific finding to this effect, based on all necessary and crucial aspects ought to have found place in the orders impugned; but to that extent, I am of the view that it is wanting. I do not propose to speak any further because, am certainly of the view that the entire matter requires to be reconsidered by the DELSA in its true perspective.”
The petitioner and her minor son were attacked by acid and suffered very grievous burn injuries. They applied for compensation under the Kerala Victim Compensation Scheme. The petitioner was awarded a sum of rupees five lakhs and her son was awarded two lakh and fifty thousand rupees. They approached the High Court claiming an increased compensation from the District Compensation Authority (DELSA).
The Counsel for the petitioners submitted that the compensation awarded by DELSA was egregiously insufficient considering the nature of injuries sustained by the petitioners and has to be reconsidered.
The Counsel for the respondents submitted if the Court was inclined, then DELSA would reconsider the aspect of compensation based on the decisions of the Apex Court in Laxmi V Union of India (2014) and Parivartan Kendra V Union of India (2015).
The Court considered whether the petitioners were entitled to a higher compensation or whether the compensation awarded was sufficient and apposite. It found that the injuries suffered by the petitioners were "extremely grave".
“Smt.R [name redacted] has suffered more than 50% burn injuries on her face; while Master A [name redacted] is living with serious scars on his face, neck and back. To exacerbate, Master A is a permanently disabled child suffering from mental retardation and seizure disorder; and am hence, certain that all these aspects ought to have been adverted to by the DELSA in its proper perspective, while issuing the impugned orders.”
During the hearing, the Court remarked that the attack on the petitioners was a vicious acid attack. On the above findings, the Court held that DELSA ought to have considered the matter in the proper perspective while awarding compensation.
The Court ordered the DELSA to reconsider the matter of higher compensation to the petitioners considering all relevant aspects and law of reparation without delay and not later than four months.
Case name: Master A (Minor) V District Legal Service Authority
Counsel for the petitioners: Advocate Ipsita Ojal and Mariyamma A K
Counsel for the respondent: Advocates Harindranath B G
Amith Krishnan H., M.Gopikrishnan and Lejo Joseph George
Citation: 2023 LiveLaw (Ker) 489
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