Rachna v. Government Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4549/2017 RACHNA ..... Petitioner Through:

Mrs Pallavi Sharma, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Through:

Ms Swaty Singh Malik, Ms Yaashna Dhawan and Mr Himanshu Latwal, Advocates for GNCTD.

Mr S. K. Sethi and Ms Dolly Sharma, Advocates for DSLSA.

Mr Mohit Bhardwaj, Advocate with Ms Rashmi Bhardwaj, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.08.2017 1.

The petitioner, a 28 year old woman has filed the present petition, inter alia, praying that the respondents be directed to pay a compensation of `10 lakhs.

2.

The petitioner states that she was returning home on 01.03.2014 at around 9.00 p.m. along with her husband. On the way, one Mr Radhey Shyam (who is petitioner's uncle) threw kerosene on the petitioner and the accused's wife (Kamlesh) lit a matchstick and threw the same on the petitioner. The said attack left the petitioner with severe burn injuries. The petitioner was thereafter taken to Sanjay Gandhi Memorial Hospital in

Mangolpuri and the MLC indicated that she had suffered 38% burns. 3.

The petitioner claims that she has undergone extensive medical treatment at a considerable cost.

4.

The petitioner approached the Delhi State Legal Services Authority (DSLSA) and in October 2016 was awarded compensation of `1 lakh. The petitioner claims that she is entitled to further compensation. 5.

Learned counsel appearing for the GNCTD drew the attention of this court to the Delhi Victims Compensation Scheme, 2015 which was notified on 23.12.2016. He submitted that the petitioner's case for compensation could be considered in terms of the said scheme. 6.

In terms of the aforementioned scheme notified by the GNCTD, victims of burn injuries are entitled to the compensation as specified in the schedule to the said scheme. The relevant extract of the schedule is set out below:- S.No.

Particulars of loss or injury Minimum Limit of compensation Upper Limit of compensatio n 13.

Victims of Burning, in case of disfigurement - a.

In case of more than 50% Rs.5 Lakhs Rs. 7 Lakhs b.

In case 20% to 50% Rs. 2 Lakhs Rs. 5 Lakhs c.

In case of less than 20% Rs. 1 Lakh Rs. 2 Lakhs 7.

The learned counsel for the GNCTD has also clarified that although the aforesaid scheme was notified on 23.12.2016, the petitioner's claim

would also be considered in terms thereof.

8.

In view of the above, the DSLSA is directed to examine the case of the petitioner in terms of the 'Delhi Victims Compensation Scheme, 2015' and if the petitioner's claim is verified, the DSLSA shall ascertain the compensation in terms of the said scheme.

9.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J AUGUST 17, 2017 pkv