Kerala HC urges increase in compensation for acid attack survivor and her minor son

Kerala HC urges increase in compensation for acid attack survivor and her minor son

The Kerala High Court on Monday issued a directive to the Thalassery District Legal Services authority to review and potentially increase the compensation for the two acid attack victims. The decision was made depending on the principles of reparation and the seriousness of the injuries sustained by the victims.

The incident took place when the petitioner, along with her minor son, endured a severe acid attack, resulting in significant and grievous burn injuries, following which they sought compensation through the Kerala Victim Compensation Scheme, wherein the petitioner was granted an amount of five lakh rupees, while her son received two lahks and fifty thousand rupees. Dissatisfied with the amount, they approached the High Court, seeking higher compensation from the District Compensation Authority (DELSA).

The petitioners' counsel argued that the compensation granted by DELSA was grossly inadequate, especially in light of the severity of the injuries sustained by the victims, and thus should be reevaluated. On the other hand, the respondent's counsel stated that if the Court were inclined to do so, DELSA would have to revisit the matters of compensation, taking into account the guidance provided by the Supreme Court's rulings in Laxmi v. Union of India (2014) and Parivartan Kendra v. Union of India (2015).

The Court deliberated on whether the petitioners should have received an increased compensation or if the initially awarded compensation was adequate and appropriate. After careful consideration, the Court determined that the injuries sustained by the petitioners were of an "extremely grave" nature. The court stated that, “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. To exacerbate, Master A is a permanently disabled child suffering from mental retardation and seizure disorder; and hence, certainly all these aspects ought to have been adverted to by the DELSA in its proper perspective while issuing the impugned orders.”

During the hearing, the Court observed that the attack on the petitioners was a malicious acid attack and based on this, the Court concluded that DELSA should have taken a more comprehensive approach when awarding compensation. As a result, the Court directed DELSA to reevaluate the matter of increased compensation for the petitioners, taking into account all relevant factors and principles of reparation. The court also mentioned that such reconsideration should be carried out promptly and completed within a maximum timeframe of four months.

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