Delhi High Court
Renu Sharma vs Gnct Of Delhi And Ors on 18 March, 2016
Author: Manmohan
#36
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2229/2016
RENU SHARMA ..... Petitioner
Through Mr. Kamlesh Kumar Mishra with
Ms. Mangla Verma, Advocates
versus
GNCT OF DELHI AND ORS ..... Respondents
Through Mr. Rahul Mehra, Sr. Standing
Counsel with Mr. Satyakam, Addl.
Standing Counsel for GNCTD.
% Date of Decision: 18th March, 2016
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present writ petition has been filed by an „acid attack victim‟ seeking
compensation of at least Rs. 50 lacs. Petitioner further seeks a direction to
the respondents to reimburse petitioner‟s medical expenses. Petitioner also
seeks a direction to respondent to provide a government job of not less than a
Grade II officer to either the petitioner or one of her family members.
2. It has been averred that acid was thrown on the face of the petitioner
on 15th February, 2006 as the accused was asked to vacate the house of the
petitioner‟s father.
3. It is stated in the writ petition that despite undergoing various
surgeries, petitioner is now completely blind and needs constant treatment.
It is averred that petitioner‟s family has already spent Rs. 25 to 30 lacs on
her surgeries and it is difficult for the petitioner‟s family to bear any further
cost.
4. Though learned counsel for petitioner admits that petitioner has been
paid Rs. 3 lacs by the Delhi Legal Services Authority, he contends that the
compensation is grossly inadequate. In support of his contention, he relies
upon judgment of the Supreme Court in Parivartan Kendra Vs. Union of
India and Others, W.P.(C) 867/2013 dated 7th December, 2015.
5. Mr. Rahul Mehra, learned senior standing counsel for Govt. of NCT of
Delhi has handed over today in Court the proposed Delhi Victims
Compensation Scheme 2015 which has been approved by the Govt. of NCT
of Delhi but awaiting approval of the Central Government. He has drawn
this Court‟s attention to paragraph 13 of the said Scheme which deals with
interim relief to an acid attack victim. The relevant portion of the Scheme is
reproduced hereinbelow:-
" 13. INTERIM RELIEF TO THE VICTIM --
xxxx xxxx xxxx xxxx
* Provided further that in cases of acid attack a sum of Rs. One
lakh shall be paid to the victim within 15 days of the matter being
brought to the notice of DSLSA/DLSA. The order granting
interim compensation shall be passed by the DSLSA/DLSA within
7 days of the matter being brought its notice and the DSLSA shall
pay the compensation within 8 days of passing of order.
Thereafter an additional sum of Rs.2 lakhs shall be awarded and
paid to the victim as expeditiously as possible and positively
within two months.
xxxx xxxx xxxx xxxx
S.No. Particulars of Minimum Limit Upper Limit of
loss or injury of compensation compensation
13. Victims of Acid
Attack-
a. In case of disfigurement of face. Rs. 3 Rs. 7
Lakhs Lakhs
b. In case of injury more than 50%. Rs. 5 Rs. 7
Lakhs Lakhs
c. In case of injury less than 50%. Rs. 3 Rs. 5
Lakhs Lakhs
6. However, Mr. Mehra fairly states that the Delhi Government does not
treat the present litigation as adversarial and is willing to abide by any orders
passed by this Court.
7. In the opinion of this Court, the State owes a duty to provide free
medical treatment to acid attack victims. This Court is further of the opinion
that ceiling of expenditure of Rs. 7 lacs on medical treatment may be
arbitrary and unreasonable in some cases. If more than Rs. 7 lacs is spent on
treatment of an acid attack victim, the respondents cannot take the stand that
they would not spend more than the ceiling amount.
8. Further, as petitioner requires medical treatment even in future on
regular basis, this Court asked learned counsel for petitioner and respondents
to suggest a government hospital where the petitioner would like to be
treated.
9. Learned counsel for parties states Lok Nayak Jai Prakash Hospital [for
short "LNJP"] offers good treatment to acid attack victims.
10. Keeping in view the aforesaid, this Court passes the following interim
directions:
i) LNJP is directed to provide free medical treatment to the petitioner.
Cost, if any, for the petitioner‟s treatment at LNJP shall be borne by the
Govt. of NCT of Delhi.
ii) Govt. of NCT of Delhi is directed to provide employment to the
petitioner on compassionate basis appropriate to her educational
qualification as well as medical status.
iii) Petitioner‟s medical bills up till date are directed to be scrutinized by
an officer appointed by Finance Secretary of Govt. of NCT of Delhi. The
medical bills found to be genuine are directed to be reimbursed to the
petitioner. As stated hereinabove, the ceiling of Rs. 7 lacs mentioned in
Govt. of NCT of Delhi circular shall not come in the way of the State
reimbursing the petitioner‟s medical bills "on actual basis." Also if the
petitioner is entitled to any further interim relief, the same may be granted to
her by the State in accordance with its policies.
11. Issue notice.
12. Mr. Rahul Mehra, learned senior standing counsel accepts notice on
behalf of respondents. He prays for and is permitted to file a counter-
affidavit within six weeks.
13. Rejoinder, if any, be filed before the next date of hearing.
14. List before Registrar on 17th May, 2016 for completion of pleadings.
15. List before Court on 21st July, 2016.
Order dasti under signature of Court Master.
MANMOHAN, J
MARCH 18, 2016
rn
