Basiran v. Govt. Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12087/2016 BASIRAN ..... Petitioner Through:

Ms Sija Nair Pal, Advocate.

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

Ms Shilpa Dewan, Advocate with Ms Prabhsahay Kaur, Advocates for GNCTD.

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

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.08.2017 1.

The petitioner - a victim of a vicious acid attack - has filed the present petition seeking further compensation of a sum of `2 lakhs as mandated by the Supreme Court in the case of Laxmi v. Union of India & Ors.: (2014) 4 SCC 427.

2.

The petitioner states that she was a victim of a vicious acid attack on 12.05.2014. She alleges that one Malika and Nagina who are the landlords of the premises, which were occupied by the petitioner, threw acid on the petitioner and consequentially the petitioner suffered burns on her legs and on her abdomen. The petitioner was rushed to Guru Teg Behadur Hospital and the MLC indicated that the petitioner had suffered Second Degree Burns over the left thigh, left foreleg and abdomen.

3.

It is stated that District Legal Services Authority, East Delhi (DLSA) passed an order releasing an interim compensation of `1 lakh to the petitioner. However, no further compensation has been paid to the petitioner thereafter.

4.

Learned counsel for the petitioner states that in terms of the decision of the Supreme Court in Laxmi v. Union of India (supra), the petitioner would be entitled to a minimum compensation of `3 lakhs. 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 acid attacks 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 .

Upper Limit of compensatio n 14.

Victims of Acid Attack - a.

In case of disfigurement of face.

Particulars of loss or injury Minimum Limit of compensatio n Rs.3 Lakhs Rs. 7 Lakhs b.

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

In case of injury less than 50 % Rs. 3 Lakhs Rs. 5 Lakhs 7.

The learned counsel for the GNCTD has also clarified that 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 DLSA 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 DLSA shall ascertain the compensation payable to the petitioner in terms of the said scheme. 9.

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