Partly allowed

Master Abhishek Minor v. District Legal Service Authority, Kannur, Represented by the Secretary

Kerala HC12 Sept 2023WP(C)/14763/2023

Case brief

AI extract

What is this about?

This writ petition challenges the compensation awarded to acid attack victims as insufficient. The High Court finds the award wanting regarding adequate reparation for the grave injuries sustained and directs the District Legal Services Authority to reconsider the claim for escalation of the already disbursed amount within four months.

What did the court decide?

Directed the District Legal Services Authority to reconsider the claim for escalation of the compensation amounts already granted within four months.

Master Abhishek Minor Vs District Legal… — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945
WP(C) NO. 14763 OF 2023

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PETITIONER:

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MASTER ABHISHEK (MINOR), AGED 14 YEARS
REPRESENTED BY MOTHER RINCY M R, MADATHIL HOUSE,
EMBETE, PARIYARAM, KODAMPATH, TALIPARAMBA, KANNUR
DISTRICT, PIN – 670141

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BY ADVS.
IPSITA OJAL
MARIYAMMA A.K.

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RESPONDENTS:

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DISTRICT LEGAL SERVICE AUTHORITY,
REPRESENTED BY ITS SECRETARY
THALASSERY, KANNUR, PIN – 670141

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BY ADVS.
HARINDRANATH B G
AMITH KRISHNAN H.(K/000666/2015)
M.GOPIKRISHNAN(K/000841/2017)
LEJO JOSEPH GEORGE(K/357-C/2017)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.09.2023, ALONG WITH WP(C)NO.14769/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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WPC 14763 & 14769/23

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945
WP(C) NO. 14769 OF 2023

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PETITIONER:

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RINCY M R, AGED 38 YEARS, D/O. ROBERT,
MADATHIL HOUSE, EMBETE, PARIYARAM, KODAMPATH,
TALIPARAMBA, KANNUR DISTRICT, PIN – 670141

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BY ADVS.
IPSITA OJAL
MARIYAMMA A.K.

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RESPONDENT:

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DISTRICT LEGAL SERVICE AUTHORITY
REPRESENTED BY SECRETARY
THALASSERY, KANNUR, PIN – 670101

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BY ADVS.
HARINDRANATH B G

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AMITH KRISHNAN H.(K/000666/2015)
M.GOPIKRISHNAN(K/000841/2017)
LEJO JOSEPH GEORGE(K/357-C/2017)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.09.2023, ALONG WITH WP(C)NO.14763/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

WPC 14763 & 14769/23

JUDGMENT

[WP(C) Nos.14763/2023, 14769/2023]

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These matters are being disposed of together taking note of

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the analogous factual circumstances presented and the similarity in

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the reliefs sought for.

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2 . WP(C)No.14769/2023 has been filed by Smt.Rincy M.R.;

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while, WP(C)No.14763/2023 has been filed by her minor child

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Master Abhishek - being represented by her.

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3 . The petitioners say that they were both attacked by an individual with acid and have consequently suffered very grievous and vicious burn injuries. Their grievance is that even though

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they had applied for compensation under the Kerala Victim Compensation Scheme before the respondent, an Award has been issued in their favour only to a sum of Rs.5,00,000/- and Rs.2,50,000/- in favour of Smt.Rincy and Master Abhishek respectively, which is egregiously insufficient going by the nature of injuries sustained by them. They thus pray that the impugned orders be set aside, to the extent to which they are assailed; and

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that the respondent – District Legal Services Authority, Thalassery

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WPC 14763 & 14769/23

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(DELSA), be directed to reconsider their case in its proper perspective.

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4 . In response to the afore submissions made by Smt.Ipsita

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Ojal – learned counsel for the petitioners, Sri.B.G.Harindranath – learned counsel for the respondent, submitted that the impugned orders were issued taking note of all relevant and germane aspects; but that if this Court is so inclined, his client is willing to reconsider the matter, particularly taking note of the affirmative declarations of the Honourable Supreme Court in Laxmi v. Union of India [(2014) 4 SCC 427] and Parivartan Kendra v. UOI (WP(C)No.867 of 2013) (AIR 2015 SCW 6597).

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5 . I have examined the impugned orders and there is no doubt that the DELSA has found full empathy and concern for the plight of the petitioners. The only question is whether they were obliged to give larger compensation to the petitioners, or whether the amounts now awarded are sufficient and apposite.

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6 . I have gone through the nature of injuries sustained by the petitioners and it is indubitable that they are vicious and extremely grave. Smt.Rincy has suffered more than 50% burn

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WPC 14763 & 14769/23

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injuries on her face; while Master Abhishek is living with serious

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scars on his face, neck and back. To exacerbate, Master Abhishek

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is a permanently disabled child suffering from mental retardation and seizure disorder; and am hence, certain that all these aspects ought to have been adverted to by the DELSA in its proper perspective, while issuing the impugned orders.

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7 . The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the parties. A specific finding to this effect, based on all necessary and crucial aspects ought to have found place in the orders impugned; but to that extent, I am of the view that it is wanting. I do not propose to speak any further because, am certainly of the view that the entire matter requires to be reconsidered by the DELSA in its true perspective.

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8 . That said, this Court is aware that the amounts awarded have already been disbursed to the petitioners; and therefore, what is now remaining is consideration of escalation, if found eligible.

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In the afore circumstances and for the reasons above, I

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WPC 14763 & 14769/23

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order this Writ Petition and direct the DELSA to reconsider the

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claim of the petitioners strictly from the angle of escalation of the

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amounts already granted, adverting to all relevant aspects and

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after affording them necessary opportunity of being heard; thus culminating in an appropriate fresh order on this aspect alone, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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RR

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WPC 14763 & 14769/23

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APPENDIX OF WP(C) 14769/2023

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`PETITIONER EXHI`	`BITS`
`Exhibit P1`	`COPY OF THE FIR IN CRIME NUMBER 1374 OF` `2015 WAS REGISTERED BY THE PARIYRAM` `MEDICAL COLLEGE POLICE STATION OF KANNUR` `DISTRICT ON 25-12-2015`
`Exhibit P2`	`TRUE COPY OF THE JUDGMENT IN SC 782 OF` `2017 DATED 7-9-2019 OF THE COURT OF` `SPECIAL JUDGE FOR THE TRIAL OF OFFENCES` `AGAINST WOMEN AND CHILDREN, THALASERRY`
`Exhibit3`	`TRUE COPY OF THE ORDER DATED 5-4-2022` `PASSED BY THE RESPONDENT`
`Exhibi P4`	`TRUE COPY OF THE ACCIDENT CUM WOUND` `CERTIFICATE ISSUED TO THE PETITIONER BY` `THE PARIYARAM MEDICAL COLLEGE HOSPITAL` `DATED 24-12-2015`
`Exhibit P5`	`TRUE COPY OF THE DISCHARGE CERTIFICATE` `OF PETITIONER`
`Exhibit P6`	`TRUE COPY OF THE DISABILITY CERTIFICATE` `DATED 28-03-2018`
`Exhibit P7`	`TRUE COPY OF THE FUTURE TREATMENT PLAN` `DATED 13-02-2023 ISSUED BY DR.SUBRAMANIA` `IYER, PROFESSOR & HOD, PLASTIC AND` `RECONSTRUCTIVE SURGERY AT AMRITHA` `INSTITUTE OF MEDICAL SCIENCES, ERNAKULAM`
`Exhibit P8`	`TRUE COPY OF THE ESTIMATE CERTIFICATE` `DATED 13-02-2023`
`Exhibit P9`	`TRUE COPY OF THE PHOTOGRAPH OF THE` `PETITIONER`

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WPC 14763 & 14769/23

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APPENDIX OF WP(C) 14763/2023

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`PETITIONER EXHI`	`BITS`
`Exhibit P1`	`CRIME NUMBER 1374` `BY THE PARIYRAM M` `STATION OF KANNUR`	`OF 2015 WAS REGISTERED` `EDICAL COLLEGE POLICE` `DISTRICT ON 25-12-2015`
`Exhibit P2`	`TRUE COPY OF THE` `2017 DATED 7-9-20` `SPECIAL JUDGE FOR` `AGAINST WOMEN AND`	`JUDGEMENT IN SC 782 OF` `19 OF THE COURT OF` `THE TRIAL OF OFFENCES` `CHILDREN, THALASERRY`
`Exhibit P3`	`TRUE COPY OF THE` `PASSED BY THE SEC`	`ORDER DATED 5-4-2022` `OND RESPONDENT`
`Exhibit P4`	`TRUE COPY OF THE` `CERTIFICATE ISSUE` `RESPONDENT BY THE` `COLLEGE HOSPITAL`	`ACCIDENT CUM WOUND` `D TO THE SECOND` `PARIYARAM MEDICAL` `DATED 24-12-2015`
`Exhibit P5`	`TRUE COPY OF THE` `ISSUED BY FATHER` `COLLEGE, MANGALOR`	`DISCHARGE CERTIFICATE` `MULLERS MEDICAL` `E TILL 29-01-2016`
`Exhibit P6`	`TRUE COPY OF THE` `ISSUED BY THE MED` `GOVERNMENT DISTRI`	`DISABILITY CERTIFICATE` `ICAL BOARD OF THE` `CT HOSPITAL KANNUR`
`Exhibit P7`	`TRUE COPY OF THE` `DATED 13-02-2023` `IYER, PROFESSOR &` `RECONSTRUCTIVE SU` `INSTITUTE OF MEDI`	`FUTURE TREATMENT PLAN` `ISSUED BY DR.SUBRAMANIA` `HOD, PLASTIC AND` `RGERY AT AMRITHA` `CAL SCIENCES, ERNAKULAM`
`Exhibit P8`	`TRUE COPY OF THE` `EXPENDITURE FOR P` `AMRITA INSTITUTE` `RESEARCH CENTRE O`	`ESTIMATE ASSESSMENT OF` `ETITIONER ISSUED BTY` `OF MEDICAL SCIENCES AND` `N 13-02-2023`

Master Abhishek Minor v. District Legal Service Authority, Kannur, Represented by the Secretary

Case brief

What is this about?

What did the court decide?

Master Abhishek Minor v. District Legal Service Authority, Kannur, Represented by the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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