Bijan Behari Maiti vs State of West Bengal

Joymalya Bagchi, J. - The petitioner is a victim of acid attack and had suffered serious injuries for which he was required to undergo medical treatment including skin grafting.

It has been argued on behalf of the State that the petitioner is entitled to get compensation of Rs.50,000/- in view of the schedule appended to the Victim Compensation Scheme notified on 1st November, 2012.

Relying on the Apex Court''s decision in the case of Laxmi v. Union of India & Ors. (2014) 4 SCC 431, Mr. Chatterjee, learned Counsel appearing for the petitioner, submits that compensation payable to a victim of acid attack cannot be less than of Rs.3,00,000/-.

I have considered the submissions of the learned Counsel appearing for both the parties. Admittedly the petitioner had suffered loss of sight in one eye as well as other extensive injuries due to acid attack. Accused persons have been convicted in the criminal case arising out of the incident of acid attack upon the petitioner.

Question which falls for decision in this writ petition is whether the petitioner is entitled to get compensation under the Victim Compensation Scheme under Section 357A of the Code of Criminal Procedure and, if so, to what extent.

With regard to the entitlement of the petitioner there is no dispute in as much as he is a victim of acid attack. However, it is contended that in the light of the scheme and the schedule appended thereto the petitioner is entitled to get a sum of Rs.50,000/- only. On the other hand, reliance is placed on Laxmi v. Union of India & Ors.(supra) and an unreported decision of this Court in W.P. No. 34704 (W) of 2013 (Sabana Khatun v. The State of West Bengal & Ors.) to argue that petitioner is entitled to compensation to the tune of at least Rs.3,00,000/-.

In Laxmi v. Union of India & Ors.(supra) the Apex Court is held as follows :

"13. We are informed that pursuant to this provision, 17 States and 7 Union Territories have prepared ''Victim Compensation Scheme''(for short ''the Scheme''). As regards the victims of acid attacks, the compensation mentioned in the Scheme framed by these States and Union Territories is un-uniformed. While the State of Bihar has provided for compensation of Rs.25,000 in such Scheme, the State of Rajasthan has provided for Rs.2 lakhs of compensation. In our view, the compensation provided in the Scheme by most of the States/Union Territories is inadequate. It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatments. Having regard to this problem, the learned Solicitor General suggested to us that the compensation by the States/Union Territories for acid attack victims must be enhanced to at least Rs 3 lakhs as the aftercare and rehabilitation cost. The suggestion of the learned Solicitor General is very fair.

We, accordingly, direct that the acid attack victims shall be paid compensation of at least Rs.3 lakhs by the State Government/Union Territory concerned as the aftercare and rehabilitation cost. Of this amount, a sum of Rs.1 lakh shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State Government/Union of Territory) to facilitate immediate medical attention and expenses in this regard. The balance sum of Rs.2 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter. The Chief Secretaries of the States and the Administrators of the Union Territories shall ensure compliance with the above direction."

The ratio in the aforesaid authority was quoted with approval by another learned Single Judge of this Court of W.P. No. 34704(W) of 2013 wherein it was held that a victim of acid attack is entitled to a higher compensation in terms of the ratio laid down by the Apex Court and not the schedule appended to the Scheme framed by the State of West Bengal. It appears from the said report that the Apex Court had fixed a minimum amount of Rs.3,00,000/- to an acid attack victim. It is, therefore, open to the State respondents to frame a Victim Compensation Scheme of varying amounts of compensation depending on the degree of injuries including loss of life suffered by the victim, however, the minimum amount of compensation cannot be fixed below Rs.3,00,000/-.

Under such circumstances, I dispose of this writ petition directing the respondent authorities more particularly, the Chief Secretary of the State of West Bengal to pay a total sum of Rs.3,00,000/- to the writ petitioner, an acid attack victim, and out of the said amount a sum of Rs.1,00,000/- be paid within fifteen days from the date of communication of this order and thereafter the balance amount be paid within two months thereafter as prescribed by the Apex Court in its order passed in connection with Laxmi v. Union of India & Ors. (supra). In the event the payment schedule is not adhered to by the respondent authorities the amount shall carry interest of 15 per cent per annum from the date of accrual of liability till the date of payment.

There shall be no order as to costs.

Let photostat plain copy of this order, duly countersigned by Assistant Registrar (Court), be given to the learned Counsel appearing for the respective parties on usual undertaking.