Acid Attack | Medical Grant Is A Fundamental Right Under Article 21: Allahabad HC Grants Additional Compensation For Verified Medical Bills

The Allahabad High Court has directed the State to pay additional compensation of Rs. 5,26,000 against the medical bill vouchers of mother-son duo who suffered acid attack injuries.

The bench comprising of Justice Salil Kumar Rai and Justice Surendra Singh-I held,

“It has been well established from the decisions of the Apex Court in the case of Chameli Singh Vs. State of U.P., AIR 1996 SC 1051 and Consumer Education and Research Centre Vs. Union of India, (1995) 3 SCC 42 that medical grant is a fundamental right under the sweep of Article 21 which relates to Right to Life and Personal Liberty of all persons living in India.”

Petitioners, mother-son duo, sustained serious acid attack injuries. The husband of petitioner-mother moved an application before the respondent no. 3, Secretary, District Legal Service Authority, Aligarh for compensation for the petitioners along with an application to the District Magistrate, Aligarh to provide financial assistance for medical treatment of petitioners. Petitioners also approached the National Commission for Women, New Delhi for payment of compensation who then referred the case to DLSA, Algarh but no compensation was given to them.

Petitioner mother claimed entitlement to compensation of Rs.5,00,000/- under Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh Niyamawali, 2015 for the acid attack injuries suffered by her. Relying on the decision of Supreme Court in Parivartan Kendra Vs. Union of India and Others and Laxmi Vs. Union of India, petitioners claimed compensation of Rs. 26 lakhs towards medical expenses incurred by them.

In the counter affidavit filed by respondent, it was averred that the petitioner-mother was entitled to a compensation of Rs. 3 lakhs only as she had sustained simple chemical burns. Since there was no proof of bills amounting to Rs. 26 lakhs, the same cannot be disbursed. It was also stated that the petitioner-mother had become 70% disable, whereas the daughter had suffered only 3% burn injury. The maximum admissible amount under the 2015 Niyamawali was Rs. 3 lakhs, which had already been paid to the mother.

On the earlier occasion, the Court had referred the case to Committee to verify the claims of the petitioner. The Committee, in its report, had stated that the total expenses incurred by the petitioners were Rs. 5,20,437/-. Since this amount was not disbursed to the petitioner, the Court called for the personal affidavit of the Secretary (Home), Govt. of U.P., Lucknow who claimed that the petitioner was only entitled to Rs. 2 lakhs since she had not availed the free medical treatment provided in the government hospitals.

Subsequently, the Court observed that once the bill vouchers filed by the petitioners had been verified by the respondent authorities themselves, it was not for the State to disentitle the petitioner only because she had gone to a private hospital for her treatment. The Court directed the payment of additional Rs. 2 lakhs to the petitioners.

The Court placed reliance on Parivartan Kendra Vs. Union of India and Others, wherein the Supreme Court held that the Court is not barred from enhancing the compensation to be awarded to a victim of acid attack.

The Court observed that though the Trail Court had directed the offenders to pay a sum of Rs. 10,000, it had not directed the DLSA to pay compensation to the victims. The DLSA had rejected petitioners' application for compensation on grounds that the Trial Court had not issued any directions regarding compensation. The Court further observed that the compensation to the son under the 2015 Niyamawali was rejected on grounds of him being a male child and having sustained less than 10% injuries.

Relying on decisions of the Supreme Court holding that medical grant is a part of Article 21 of the Constitution of India, the Court directed the State to pay the compensation of Rs. 5,26,000 to the petitioners against their medical bills and vouchers.

Schemes for Acid Attack Victims in State of U.P.

1. Uttar Pradesh Victim Compensation Scheme which has been formulated in terms of the directions issued by the Supreme Court in Laxmi Vs Union of India: Criminal Misc. Writ Petition No. 129 of 2006 and under Section 357-A of the Criminal Procedure Code, 1973. The scheme envisages a victims' compensation fund from which payment is made on the application of the victim or her/his dependent by the District Legal Services Authority. The quantum of compensation is governed by Schedule-I to the scheme where a maximum of Rs. 3 lakhs is payable.
2. Uttar Pradesh Rani Laxmi Bai Mahila Samman Kosh Rules, 2015 which provide for setting up of a fund for monetary and medical relief to acid attack survivors and the process of paying compensation has been specified in Rule 12. The Rules were modified on 30 September 2015 with retrospective effect and the amount was enhanced to Rs.10,00,000/- in case of death and Rs.5,00,000/- in other cases where the acid attack injury is 30% or more.
3. Government Order dated 23 May 2014 issued by the State Government providing free medical aid to all acid attack victims at the cost of the State exchequer. A twenty five bedded speciality ward has been proposed in the Department of Plastic and Reconstructive Surgery at King George Medical College, Lucknow. The compensation to victim is paid upon an assessment of injuries by a duly constituted Medical Board.

Case Title: Kamlesh Devi And Another vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 45 [WRIT - C No. - 15864 of 2018]

Case Citation: 2024 LiveLaw (AB) 45

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