Kerala High Court Calls for Reconsideration of Compensation for Acid Attack Victims
In a recent judgment, the Kerala High Court emphasized the need for adequate compensation for acid attack victims, reflecting on the grievous nature of their injuries. Justice Devan Ramachandran observed,
“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.”
The case in question revolved around a petitioner and her minor son, both of whom victims of a brutal acid attack were, resulting in severe burn injuries. Under the Kerala Victim Compensation Scheme, the petitioner was granted a compensation of five lakh rupees, while her son received two lakh and fifty thousand rupees. However, they approached the High Court, seeking an enhanced compensation from the District Compensation Authority (DELSA).
The petitioners’ counsel argued that the compensation determined by DELSA was grossly inadequate, given the severity of the injuries sustained. In response, the respondents’ counsel expressed willingness for DELSA to re-evaluate the compensation amount, referencing the Supreme Court’s decisions in Laxmi V Union of India (2014) and Parivartan Kendra V Union of India (2015).
Highlighting the gravity of the injuries, the Court noted,
“Smt.R [name redacted] has suffered more than 50% burn injuries on her face; while Master A [name redacted] is living with serious scars on his face, neck, and back.”
The Court further emphasized the challenges faced by Master A, who is permanently disabled, suffering from mental retardation and seizure disorder.
Describing the incident as a “vicious acid attack,” the Court concluded that DELSA should have taken a more comprehensive approach when determining the compensation. As a result, the Kerala High Court directed DELSA to re-evaluate the compensation amount, considering all pertinent factors and the established law of reparation. This re-evaluation is to be completed without delay and within a maximum period of four months.
Counsel Representation:
- For the petitioners: Advocate Ipsita Ojal and Mariyamma A K
- For the respondent: Advocates Harindranath B G, Amith Krishnan H., M.Gopikrishnan, and Lejo Joseph George.
