Rajveer Singh v. Govt Of NCT Of Delhi And ORS
$~85 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6739/2017 RAJVEER SINGH ..... Petitioner Through:
Ms Shalini, Advocate.
versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:
Mr Santosh Kumar Tripathi, ASC with Mr Rizwan, Advocate 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 is a father of a boy aged 14 years who was a victim of a vicious acid attack on 20.06.2014. The petitioner has filed the present petition claiming compensation of ₹50 lacs from the Government of NCT of Delhi in view of the decision of the Supreme Court in Laxmi v. Union of India & Ors.: (2014) 4 SCC 427. He has also sought reimbursement of medical expenses incurred by the petitioner for treatment of his son. 2.
It is stated that the petitioner's son was returning home on 20.06.2014 at 12:30 p.m. along with his friend when he was accosted by his friend's elder brother who threw acid on him. It is stated that the acid attack rendered the victim blind and despite three rounds of surgery, he has not recovered his eyesight.
3.
The petitioner was awarded a compensation of ₹3,00,000/- as ascertained by respondent no.4 (DSLSA).
4.
The learned counsel for GNCTD has drawn the attention of this Court to a notification dated 23.12.2016 notifying the "Delhi Victims Compensation Scheme, 2015". In terms of the said scheme, Delhi State Legal Services Authority (DSLSA) or District Legal Services Authority (DLSA) has been charged with examining and verifying claims with regard to loss/injury caused due to crimes and decide the compensation payable to the victim or his/her dependants. The relevant extract of the schedule providing for compensation payable to victims of acid attack under the said scheme is set out below:- S.No.
Particulars of loss or injury Minimum Limit of compensation Upper Limit of compensation 14.
Victims of Acid Attack - a.
In case of disfigurement of face.
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 5.
The aforesaid compensation is to be disbursed as per the assessment by DSLSA or DLSA as the case may be.
6.
The learned counsel for GNCTD submits that the aforesaid scheme is a comprehensive scheme and the petitioner ought to approach the concerned authorities for fixing the amount of compensation. He further states that in
addition to the above, Directorate of Health Services, GNCTD has issued several circulars, in terms of which free medical treatment is available to victims of acid attacks. For the purposes of ensuring proper coordination with the hospitals, GNCTD has also appointed a Nodal Officer to ensure that directions are issued to hospitals for free treatment of victims. 7.
The learned counsel for GNCTD has also drawn the attention of this Court to a letter dated 24.03.2017 issued by the GNCTD whereby the Department of Social Welfare has been asked to initiate the process for developing "new parameters and scope of assistance in the existing scheme of 'Financial Assistance to Persons with Special Needs Scheme, 2009'". 8.
In the present case, the petitioner's son would also require to be admitted to a specialized school for the visually impaired for his rehabilitation and to this extent, certain additional efforts are required to be taken.
9.
It is apparent from the above, that although GNCTD has issued several circulars for free medical treatment of acid attack victims and has also set up a Victims Compensation Fund, there is an urgent need for issuing a comprehensive paper that lists out all the benefits that are available to the victims of acid attacks. This would ensure that the acid attack victims are fully aware of the benefits available and do not have to approach the Courts for relief.
10.
The learned counsel for the petitioner also points out that the State of Haryana has made a comprehensive scheme, which also provides for other measures that are required for rehabilitation of acid attack victims.
11.
The Department of Social Welfare, GNCTD will also examine the said scheme and insofar as possible include such other measures as are feasible for rehabilitation of acid attack victims. 12.
In view of the above, the present petition is disposed of by directing the petitioner to approach the Nodal Officer appointed by the GNCTD for further medical treatment. DSLSA is also directed to consider the petitioner's claim for further compensation under the Delhi Victims Compensation Scheme, 2015.
13.
Needless to state that if any further relief is made available by GNCTD for acid attack victims, the petitioner's son would, subject to verification and fulfilling the eligibility criteria, be entitled to receive the same.
VIBHU BAKHRU, J AUGUST 17, 2017 MK