Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

The Bombay High Court recently allowed three victims in a 2010 acid attack case to seek compensation beyond the limitation period of three years provided in the Maharashtra Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2022.

A division bench of Justice AS Chandurkar and Justice Jitendra Jain found the case deserving as the 2022 Scheme was implemented during the pendency of the victims' petition for compensation.

“We find the present case to be a deserving one for the reason that after being subjected to an acid attack, the petitioners were required to approach this Court in the matter of grant of compensation. During pendency of this writ petition, the Scheme of 2022 came to be implemented. We therefore find that the petitioners can be permitted to move an application seeking compensation in accordance with the Scheme of 2022.”

The three victims in the present case were assaulted on October 4, 2010. They filed the present writ petition in 2016 seeking compensation, stating that they were required to undertake medical/surgical treatment for a long time incurring substantial expense.

In 2017, the court awarded the petitioners an interim compensation of Rs. 5,00,000 while the case was pending.

Under the Victim Compensation Scheme of 2022, compensation is to be determined and disbursed to victims of sexual assault and other crimes, and the Maharashtra Legal Services Authority and District Legal Services Authority have been appointed as Nodal Agencies to enable the determination and disbursement of compensation.

Clause 16 of the scheme provides a limitation period of three years from the date of occurrence of the offence or conclusion of trial to claim compensation. In the present case, the incident occurred on October 4, 2010 and the trial concluded in 2015. Thus, the petitioners sought directions that their claims to be raised should be entertained without being barred by limitation.

The court found the petitioners' case deserving and allowed them to apply for compensation under the 2022 scheme, despite the lapse of the prescribed limitation period.

The court directed that if the petitioners seek compensation under the Scheme within four weeks, their application should be considered on its own merits and in accordance with law. The court disposed of the petition keeping all grounds for seeking compensation as raised in the writ petition open.

Case no. – Writ Petition No. 962 of 2016

Case title – ABC v. State of Maharashtra