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Judgment
This public interest litigation was filed by the J&K High Court Bar Association seeking compensation to a victim towards medical treatment who was
attacked by acid. While disposing of the main writ petition being PIL No. 18/2014, after taking note of the fact that the amount spent by the victim
towards her treatment till that date were stood paid by the State of JK in the order dated 29.04.2015, this court had given the following liberty:-
       Â
“The PIL to the extent of payment of amount on the treatment of the victim of acid attack is accordingly closed with liberty to approach the Court
in case SKIMS authorities, Srinagar certify that the further treatment would not be available in their Institutes.â€Â       Â
The applicant has placed before us the details of treatment which was necessitated even after the passing of the order by this Court. In this regard,
it has been pointed out in the application that the patient was required to undergo cornea transplantation surgery, for which purpose the applicant had
approached the SKIMS, Bemina, Srinagar. The certificate dated 05.06.2015 issued by the Head of the Department, Department of
Ophthalmology, certifying that the facility of cornea transplantation surgery was not available in the hospital. In this background, the applicant has
informed that she has been compelled to undertake the following treatment outside the State of J&K.          Â
“4. That in view of the non-availability of Cornea Transplantation treatment in the Department of Ophthalmology in SKIMS Medical College,
Bemina, Srinagar, the victim was taken by her father to Medical Research Foundation, Sankara Nethralaya, Chennai where the victim was operated
upon and the father of the victim was made to pay an amount of Rs. 49,604.99 + Rs. 51,264/- + Rs. 297.00 and Rs. 2,805/- in total Rs. 01,03,910.99.
Copies of the bills as also copies of the prescriptions are annexed herewith as annexure C and C3.
That the victim has thereafter undergone undergoing three more surgeries at Apollo Specialty Hospital, Chennai, Apollo Main Hospital, Chennai and
Apollo Spectra, and the father of the victim has been made to pay an amount of Rs. 03,74,331/- to the hospital authorities for the surgeries and
treatment. Besides the aforesaid amount, the victim has been told that she would need at least an amount of Rs. 7.00 lacs in future for few more
surgeries for her facial reconstruction. Copies of the medical prescriptions, bill etc. showing that an amount of Rs. 03,74,331/- was spent by the father
of the victim on her treatment and also a copy of letter dated 15.03.2016 of Apollo Hospital Chennai, indicating that the victim needs about Rs. 07.00
lacs more for few more surgeries are annexed herewith and collectively marked as annexure D & E.Â
That besides the aforesaid amount, the father of the victim has also incurred an expenditure of Rs. 2,20,000/- on fare from Srinagar to Chennai and
back and also for staying the victim at Chennai, bills showing the said position are annexed herewith and collectively marked as Annexure-F.â€Â
That in view of the aforesaid facts and circumstances of the case, the respondents deserve to be directed to pay the amount of Rs. 01,03,910.99 +
Rs. 3,74,331/-+ Rs. 2,20,000/- to the father of the victim which he had already spent on the treatment of the victim and also to disburse a further
amount of Rs. 07.00 lacs to him so that he is in a position to take the victim to Chennai and get few more surgeries conducted on her on facial
reconstruction etc.â€Â  Â
Premised on the above assertions, a prayer has been made for a direction to the respondents to pay the amount as mentioned in paragraph No. 7.
The applicant has also sought an amount of Rs. 7.00 lacs to enable the victims travel to Chennai for further surgeries required by her on her facial
reconstruction. Needless to say that the prayer made in the application is premised on the liberty granted by this Court while disposing of the writ
petition on 29.04.2015.                       4. The respondents have filed objections dated 12.06.2017, wherein
we find that the respondents have not disputed the above averments made by the petitioner and have also placed reliance of the judgment of the
Supreme Court in Parivartan Kendra case.        Â
It cannot be disputed or denied that in the light of the liberty granted by this Court on 29.04.2015, the victim of the acid violence attack is entitled to
expenses for further medical treatment. The same is also her constitutional right under Article of the Constitution. This Court has also recognized this
constitutional entitlement of the victim by granting the liberty on 29.04.2015.
In view of above, the victim would be entitled to all further expenses which have been incurred after the 29th April 2015 or would be incurred by
her for her treatment including facial reconstruction required because of the acid violence attack even if the same was required to be undertaken
outside the State of JK, subject to the said treatment not being available in the State.       Â
The certificate dated 05.06.2015 manifests that the facility of cornea transplantation surgery was not available here. This fact is also not disputed in
the objections filed by the State. However, before passing the order with regard to the reimbursement of the victim towards expenses which have
been incurred, we deem it appropriate to get the verification of the bills placed before us by the applicant.    Â
We, therefore, direct the Registry to do the following: -Â Â Â Â Â Â Â Â Â Â Â Â Â Â
(I) The applicant shall place a copy of the treatment sheets as well as discharge sheets relatable to the bills which have been placed as Annexure-C
on record in the Registry within three days from today, if the same have not already been filed.       Â
(II) The Registry shall by registered speed post forward copies of the same along-with the documents from page 9 to 58 to the Medical
Superintendent Apollo Specialty Hospital, Sankara Nethralaya, No. 18, College Road, Nungambakkam, Chennai, Tamil Nadu, India. The Medical
Superintendent Apollo Hospital shall verify the authenticity and correctness of these documents.               Â
(III) The Apollo Specialty Hospital, Sankara Nethralaya, No. 18, College Road, Nungambakkam, Chennai, Tamil Nadu, India shall also verify the
documents with regard to any further treatment, if required by the victim.               Â
(IV) The Registry shall forward all documents to the Director, Apollo Specialty Hospital, Sankara Nethralaya, No. 18, College Road, Nungambakkam,
Chennai, Tamil Nadu, India including the bills etc., which are filed by the applicant and those based from page 61 to 74 on
record.           Â
(V) The verification of the said documents shall be conducted by the two hospitals within two weeks from the receipt of the documents and be
communicated to the Registrar Judicial of this Court which shall be placed on the record of the present case.
List this application on 15.10.2018.  Â