Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court
The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. 3 lakh. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation,...
The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. 3 lakh.
"By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it can be inferred that the minimum compensation amount as set out is contradictory to its intended purposes of providing adequate rehabilitation and care to Acid Attack victims. Thus, this Court is unable to agree that the Scheme and the Schedule warrants an alternative interpretation by this Court," Justice Tara Vitasta Ganju.
The Court made the observations while allowing the plea moved by an acid attack victim seeking minimum compensation of Rs. 3 lakh in terms of the scheme. The woman, a doctor by profession, was assaulted by few persons who also threw acid on her in 2018.
She challenged the decision of the Criminal Injuries Compensation Board made in 2019 which decided her to grant minimum compensation of Rs. 30,000. The decision was computed in the backdrop of magnitude of injuries reported to be 5-6% superficial burns over legs.
The Court noted that the schedule of the Delhi Victim Compensation Scheme, 2015 sets out that for acid attack victims, where injuries are less than 50%, a minimum of Rs.3 lakhs which is payable and a maximum of Rs.5 lakhs.
It said that DSLSA is at liberty to exercise its discretion to examine what amount is to be paid - provided the amount is between Rs.3 lakhs and Rs.5 lakhs.
"This Court finds that such interpretation would be the correct interpretation of the legislative intent of the Scheme especially since it sets out a separate quantification for different types of acid attacks," the Court said.
It ordered: "The Respondent No.4 is directed to award the Petitioner the minimum compensation in the sum of Rs. 3 lakhs, less the interim compensation already awarded within eight weeks from the date of this decision."
Counsel for Petitioner: Adv. Sanjana Srikumar, Hamza Tariq, Joicy Milun Zou, Vanshika Mohta and Mangla Verma
Counsel for Respondents: Ms. Hetu Arora Sethi, ASC with Mr. Arjun Basra, Adv. for R-1&2; Mr. Aayush Agarwala, Advocate for R-4
Title: X v. GOVERNMENT OF NCT OF DELHI AND ORS.
Citation: 2024 LiveLaw (Del) 1293