The Allahabad High Court has directed the State to pay additional compensation of Rs 5,26,000 against the medical bill vouchers of mother-son duo who suffered acid attack injuries saying that the medical grant is a fundamental right under Article 21 of the Constitution.
The Division Bench of Justice Salil Kumar Rai and Surendra Singh passed this order while hearing a petition filed by Kamlesh Devi and Another.
The petitioners have filed the petition praying for the following reliefs :-
(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to enhance the amount of compensation upto Rs 26 lakh to the petitioners.
(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide suitable job/employment to the petitioner no.1 according to her educational qualification.
(iii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide compensation to the petitioner no 2.
The facts of the case are that the petitioner no 1 is the mother of petitioner no 2. They are residents of village- Gorai, Police Station- Iglas, District Aligarh.
On 31.12.2015, the petitioners sustained serious acid attack injuries, in respect of which a first information report was lodged by Brijesh Kumar, husband of petitioner no 1 and father of petitioner no 2 on the same day at Police Station- Iglas, District- Aligarh as Case under sections 452 and 326-A I.P.C. Soon after the incident, the petitioners were admitted in J.N. Medical College, Aligarh.
Muslim University, Aligarh, where primary medical treatment was given to the petitioners. Thereafter, the petitioners went for medical treatment at a private hospital, namely, Perfect Life Hospital, Mathura, where the plastic surgery, etc, of petitioner no 1, Smt Kamlesh Devi, was done. She was also treated in Sawai Maan Singh Hospital, Jaipur. In the aforesaid acid attack, petitioner no 1, Smt Kamlesh Devi, sustained 30% chemical burn injuries causing serious injuries on face, throat, right eye and right ear.
After investigation, the Investigating Officer submitted charge-sheet u/s 452 and 326-A I.P.C against the accused, Kumarpal and Sundar. Vide order dated 13.07.2018, the trial court convicted and sentenced the accused u/s 452, 326- A I.P.C.
Brijesh Kumar, husband of petitioner no 1 submitted an application on 06.09.2016 before the respondent no 3, Secretary, District Legal Service Authority, Aligarh for compensation for the petitioners.
He also moved an application dated 03.09.2016 through registered post on 16.09.2016 to the respondent no 2, District Magistrate, Aligarh to provide financial assistance for medical treatment of petitioners. The petitioners had also approached the National Commission for Women, New Delhi for payment of compensation which was referred vide letter dated 03.08.2016 by the Commission to the DLSA, Aligarh but DLSA, Aligarh did not give any compensation to the petitioners.
Averments have been made in the writ petition that the petitioner no 1 is entitled to compensation of Rs 5,00,000/- under Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh Niyamawali, 2015 amended vide government notification dated 30.09.2015 for the acid attack injuries suffered by her.
The Court noted that,
The State Government has also issued a Government Order on 23 May 2014 to the effect that all acid attack victims should be provided free medical aid at the cost of the State exchequer. The State Government has proposed a twenty five bedded speciality ward in the Department of Plastic and Reconstructive Surgery at King George Medical College, Lucknow. The compensation to the victim is paid upon an assessment of injuries by a duly constituted Medical Board.
The trial court in Sessions Trial Case, State Vs Kumarpal and Another u/s 452, 326-A I.P.C in its order dated 13.07.2018 while convicting the accused, had sentenced him to rigorous imprisonment for 10 years and a fine of Rs 10,000/- to be paid to the victim as compensation. The trial court did not direct the Legal Services Authority to pay any compensation to the victim. The Chairman of District Legal Services Authority, Aligarh vide order dated 21.01.2017 rejected the application of the petitioner/victim for compensation scheme of 2014 on the ground that the trial court has not recommended payment of any compensation to the victim.
“From the above discussion, it is clear that the petitioners have been provided a maximum amount of compensation of Rs 5,00,000/- under Niyamavali, 2015 for after care and rehabilitation. The petitioner no 1 further claims payment of compensation of Rs 5,26,000/- which she has incurred in her treatment in Perfect Life Hospital, Mathura and medical expenses incurred in Sawai Maan Singh Hospital, Jaipur. The respondents have objected to the payment of aforesaid amount on the ground that the petitioner has not complied the provisions of Rule 12-kha of the U.P Niyamavali, 2015 regarding referral by a medical officer of government hospital to a private hospital for treatment. Apart from this, the respondents have objected to that petitioner no 2 being male child and getting injury by less than 10% in the acid attack, is not entitled for compensation under the Niyamavali, 2015.
From the perusal of the record, it transpires that in compliance of the Court’s order dated 14.11.2018, the petitioners had submitted the bill vouchers of Rs 5,26,000/- regarding medical expenses incurred by them to the District Magistrate/Chief Medical Officer for verification and payment but the Chief Medical Officer did not get the bill vouchers verified and did not take steps for payment thereof to the petitioners.
Since, the petitioner no 1 had submitted her bill vouchers regarding medical expenses incurred in her treatment at private hospital to the C.M.O/ D.M, it was their responsibility to get it verified and make payment thereof. They kept the bill vouchers with them for a long duration and returned it back to her on the ground that no payment can be made as the bill vouchers were not verified and the petitioners have not complied with Rule 12-kha of the U.P Niyamavali, 2015.
Under these facts and circumstances of the case and in the light of the law propounded by the Apex Court in the aforesaid cases, the respondent nos 1 and 2 are duty-bound to make payment of the amount of bill vouchers of Rs 5,26,000/- to the petitioners which they have incurred on their medical treatment of acid attack burn injuries in the private hospital”, the Court observed while allowing the petition.
“The respondent nos 1 and 2 are directed to pay the amount of Rs 5,26,000/- to the petitioners in three instalments of Rs 2,00,000/-, Rs 2,00,000/- and Rs1,26,000/-. The first instalment shall be paid within a period of three months and the second and third instalments shall be paid within a period of two-two months respectively”, the Court ordered.