4 months ago

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

Live Law

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it can be inferred that the minimum compensation amount as set out is contradictory to its intended purposes of providing adequate rehabilitation and care to Acid Attack victims. The Court made the observations while allowing the plea moved by an acid attack victim seeking minimum compensation of Rs. The Court noted that the schedule of the Delhi Victim Compensation Scheme, 2015 sets out that for acid attack victims, where injuries are less than 50%, a minimum of Rs.3 lakhs which is payable and a maximum of Rs.5 lakhs.

Delhi Court Victim Delhi High Court Attack Scheme Acid This Court Minimum Threshold Minimum Compensation cant victim minimum compensation rs reduced threshold attack court delhi scheme victims awarded acid high

History of this topic

1 week, 3 days ago

Acid attack survivors can move state legal services authority for compensation: SC

Hindustan Times

New Delhi, The Supreme Court on Thursday said acid attack survivors could approach their respective state legal services authority in case there was a delay in receiving compensation. Acid attack survivors can move state legal services authority for compensation: SC A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of the submissions of the counsel of …

3 weeks, 3 days ago

Delhi Court Awards Rs 20 Lakh Compensation To Acid Attack Victims, Asks Delhi Govt To Provide Employment

Live Law

In what can be termed as an instance of restorative justice, a Delhi Court recently directed the grant of a total compensation of Rs 20 lakhs to three victims of acid attack, including two girls. The incident happened on 18.02.2017 when a person D and his two minor daughters 'I' and 'B' were attacked by acid in the Vishnu Garden …

1 month, 1 week ago

Compensation to three electricity accident victims upheld

The Hindu

A division bench of the High Court of Karnataka has upheld the ruling of a single judge who directed electricity distribution and supply companies to pay ₹1.28 crore as compensation to victims, including two minors, of three electricity accidents during 2017-18. The division bench passed the order while dismissing the appeals filed by the Karnataka Power Transmission Corporation Ltd and …

1 month, 2 weeks ago

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Live Law

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation. The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores …

2 months, 1 week ago

Delhi Riots: High Court Directs Delhi Govt To Release Compensation Amount To Victims Based On Claims Commission Recommendations

Live Law

The Delhi High Court has recently directed the Delhi Government to release compensation amount to various victims of the 2020 North-East Delhi riots based on the recommendations of the Claims Commission. On January 15, the Court was informed by the counsel appearing for the petitioners that the North East Riot Delhi Commission had made recommendations qua the claims in respect …

2 months, 4 weeks ago

Delhi High Court Half Yearly Digest: July To December 2024 [Citations 734 - 1394]

Live Law

The Delhi High Court Bench of Mr. Justice Jasmeet Singh held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides the claims on merits. The Delhi High Court Bench of Justice Sanjeev Narula held that the issue of limitation, raised as a …

3 months, 3 weeks ago

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Live Law

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the. The Delhi High Court has …

4 months ago

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

Live Law

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the …

4 months ago

Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit

Live Law

The Delhi High Court has recently directed the Delhi Jal Board to pay compensation of Rs. Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated. Justice Kaurav disposed of …

5 months ago

Retroactive Application of Victim Compensation Scheme: Court Grants Compensation to Rape Survivor Case

Live Law

The Punjab & Haryana High Court has granted compensation to a rape survivor case, applying the Victim Assistance Scheme of 2018 retrospectively. The victim, who was impregnated by the assault and gave birth to a child, was initially granted a meager amount of Rs. 1,00,000 by the trial court. However, the court has ruled that the scheme can be applied …

10 months ago

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence

Deccan Chronicle

Hyderabad: Justice Namavarapu Rajeshwar Rao of the Telangana High Court, applying the principle of just compensation, granted more than the amount as compensation in a motor accident case. The RTC contested the matter, the Motor Accidents Tribunal at Hyderabad assessed the compensation at Rs 10 lakh and after deducting 25 per cent of the amount towards contributory negligence on the …

10 months, 1 week ago

Delhi High Court Weekly Round-Up: May 13 To May 19, 2024

Live Law

Citations 2024 LiveLaw 580 to 2024 LiveLaw 604NOMINAL INDEXANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER -CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M. PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR. Salasar Synthetics 2024 LiveLaw 593 Tipping Mr Pink Private Limited Vs Tipping Mr Pink Private Limited 2024 LiveLaw 594 Deepak Maurya Vs Saraswathi Supari Processing Unit & Ors …

11 months ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

11 months, 2 weeks ago

Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

Live Law

The Bombay High Court recently allowed three victims in a 2010 acid attack case to seek compensation beyond the limitation period of three years provided in the Maharashtra Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2022. A division bench of Justice AS Chandurkar and Justice Jitendra Jain found the case deserving as the 2022 Scheme was implemented …

1 year, 1 month ago

Make Efforts To Pay Additional ₹20 Lakhs Compensation To Families Of Those Who Died Due To Manual Scavenging: High Court To Delhi Govt

Live Law

The Delhi High Court has asked the Delhi Government to make efforts to pay the additional compensation of Rs. “This Court expects that the State will endeavour to pay the balance of Rs.20 lakh to all similarly placed persons instead of forcing the family members of persons who have lost their lives in manual scavenging to approach this Court by …

1 year, 2 months ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

Live Law

Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

1 year, 3 months ago

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor

Live Law

The Calcutta High Court has directed the State Legal Services Authority to consider and enhance the compensation awarded to a male acid attack survivor. Under the West Bengal Victim Compensation Scheme, the petitioner was paid Rs 3 lakh, which was the minimum stipulated amount.A single bench of Justice Sabyasachi Bhattacharya upon noting that the petitioner had credibly pointed out that. …

1 year, 6 months ago

Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor Son

Live Law

The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them. The Counsel for the petitioners submitted that the compensation awarded by DELSA was egregiously insufficient considering the nature of injuries sustained by the petitioners …

1 year, 10 months ago

Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim

Live Law

The Calcutta High Court recently directed the West Bengal government to pay a compensation of Rs. The counsel appearing for the SLSA and DLSA submitted that the Scheme of NALSA and the amounts recommended under the Scheme are not made available to the SLSA or the State Government and hence theh cannot award compensation in accordance with the NALSA Scheme. …

1 year, 11 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

2 years ago

Punjab and Haryana High Court Orders Gurgaon DLSA To Pay Compensation To Minor Rape Victim Under 2013 Scheme

Live Law

The Punjab and Haryana High Court has directed the District Legal Service Authority in Gurgaon to disburse compensation under the Haryana Victims Compensation Scheme, 2013 to a rape victim, whose case had not been forwarded to the DLSA by the trial court for grant of compensation. While allowing the writ petition filed by the father of the victim - who …

2 years, 2 months ago

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Live Law

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident. Dwivedi submitted that the said award granted by …

2 years, 3 months ago

Give Rs 35 Lakh Compensation, Free Treatment to Acid Attack Survivor: Uttarakhand HC

News 18

The Uttarakhand High Court recently ordered the Member Secretary, Uttarakhand State Legal Services Authority, to release and transfer a sum of Rs 35 lakh to an acid attack survivor as compensation. The order was passed in a writ petition filed by the acid attack survivor, seeking Rs 50 lakh for the losses she suffered. 1.6 lakh was given to the …

2 years, 5 months ago

Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh

Live Law

Ordering increase in the amount of compensation for survivors of child sexual abuse from Rs 7 lakh to at least Rs 10.5 lakh under the 2018 Delhi Victim Compensation Scheme, the Delhi High Court on Thursday said that the final compensation to the victims must be the maximum amount as provided in the scheme's schedule.The schedule of 2018 scheme mentions …

2 years, 5 months ago

[Section 326A IPC] 'Acid' Includes All Substances Having Burning Nature, Not Merely Those Classically Termed as Acids: Delhi High Court

Live Law

The Delhi High Court has said that the word 'acid' in Section 326A of the Indian Penal Code is not merely restricted to the substances which are classically or scientifically termed as acids but also includes all those substances which have an acidic, corrosive or burning nature and are capable of causing disfigurement, or temporary or permanent disability.Section 326A of …

2 years, 11 months ago

Bombay High Court adds ₹5 lakh more to compensation in accident case

The Hindu

The Bombay High Court recently added ₹5 lakh more to the compensation to be awarded to a young girl who suffered physically and mentally in an accident and held, "No amount of money can compensate human sufferings and personal deprivation." Appeal in HC The liability to pay the compensation was imposed on the owner of the vehicle which was held …

2 years, 11 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

3 years, 1 month ago

Calcutta High Court Weekly Round Up: February 7 To February 12, 2022

Live Law

Judgments/Orders of the Week 1. 'Period Of 4-6 Weeks Was Only Suggestive': Calcutta High Court Dismisses Contempt Petition Against SEC Regarding Postponement Of 4 Civic Polls Case Title: Bimal Bhattacharya v. State of West Bengal Case Citation: 2022 LiveLaw 34 The Calcutta High Court has dismissed a contempt petition filed against the State Election Commission alleging that it had failed …

3 years, 7 months ago

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation

Live Law

The Delhi High Court on Thursday upheld the order of conviction and sentence of a man for the offences of rape and stalking, after observing that the prosecutrix's testimony not only inspired confidence but was reliable, consistent and admissible.It noted however, that the Trial Court "failed in its duty" to refer the victim to the Delhi Victims Compensation Scheme, 2018 …

3 years, 7 months ago

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View

Live Law

The Delhi High Court has directed the Delhi Legal Services Authority to reconsider a woman's application for interim compensation under the victim compensation scheme, which was earlier rejected for the reason that she was neither contactable nor any documents were given by her to support her claim. Justice Rekha Palli asked the DLSA to take a holistic view of the …

3 years, 8 months ago

Bombay High Court Issues Notice On Plea Challenging Decision To Divest SLSA, DLSA From Awarding Compensation Under Goa Victim Compensation Scheme

Live Law

The Bombay High Court, Goa Bench, has sought response of the Central Government and Goan administration on a plea challenging the amendment made in Goa Victim Compensation Scheme, 2012, divesting the jurisdiction of State and District Legal Service Authorities in deciding and awarding compensation to victims. In view of this, the plea states that the impugned amendment is "patently illegal", …

3 years, 8 months ago

Victims twice over

The Hindu

Imanuddin, 26, used to cycle 20 kilometres from his house in Shiv Vihar on the edge of north-east Delhi to a garment factory in Noida where he worked to earn a monthly income of Rs.13,000. “The Public Prosecutor’s team asked me if I would register a complaint against the local police. Just assurances.” Mushahid’s account Mushahid, 22, a resident of …

3 years, 10 months ago

"System Can't Turn The Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim

Live Law

In a significant observation, the Delhi High Court on Thursday, while awarding ₹6 lakh as interim compensation to a minor victim of sexual assault, remarked, "Since the system cannot turn the clock back nor 'undo' the offence, there is little else the court can do other than prosecute the offender and provide to the victim whatever psychological security and sense …

3 years, 11 months ago

Delhi High Court Issues Notice On Delhi Riots' Victim's Plea For Rs.5 lakh Damages For Shop Looted, Burnt

Live Law

The Delhi High Court has issued notice on and sought responses of the Centre, Delhi Government and others on a plea by a Delhi 2020 riots victim seeking damages worth Rs. 5 lakhs against the looting, burning and destroying of his rented shop in North-East Delhi's Shiv Vihar.Justice Prathiba M. Singh sought replies from the Deputy Commissioner and the Sub-Divisional …

4 years ago

Delhi High Court Seeks Govt Response On Plea Against Differential Compensation For Major & Minor Riots Victims

Live Law

A single judge bench of Justice Prathiba Singh today sought response from the Delhi government on its scheme for compensation of Delhi riots' victims, which has been alleged to be discriminatory for awarding different compensation amounts to families of major and minor deceased riots' victims. The court also issued notice to the Sub-Divisional Magistrates of Seelampur and Yamuna Vihar, on …

4 years, 1 month ago

Counting the cost of violence

Live Mint

This time last year, as covid-19 was beginning its rampage across the globe, the Union government was preparing to welcome then US president Donald Trump—and trying to play down the nationwide protests against the amended citizenship law. After hearing petitions on the violence, the high court rebuked the police for its “appalling” failure to contain the rioting. The trial has …

4 years, 4 months ago

Delhi Riots: Delhi High Court Issues Notice To Delhi Govt In Plea Seeking Compensation For Victims

Live Law

Delhi High Court has issued notice in a plea seeking interim and full compensation for the victims of the riots that broke out in the northeast districts of Delhi. It is argued that these victims immediately require interim and full compensation but the amount specified by the Delhi Government in its compensation scheme is inadequate to provide relief. Seeking financial …

4 years, 6 months ago

Why Rs. 10 Lakh Compensation Not Be Recovered From IOs Whose Perfunctory Investigation Allowed Brutal Murderer To Escape Clutches Of Law? Asks Madras HC

Live Law

The Madras High Court has sought a report from the state government and the DGP as to Whether any disciplinary proceedings have been initiated as against the officials, who are responsible for acquittal because of their perfunctory investigation. The Inspectors of Police have conducted the investigation in this case and as pointed out supra, a shabby investigation was conducted by …

4 years, 8 months ago

Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots [Read Order]

Live Law

Delhi High Court has directed the Delhi Government to expeditiously process an application moved for seeking compensation for sustaining serious injury during the Delhi riots. The court perused the Delhi Government's Assistance Scheme for riot victims which shows that for riots victims having serious injury, the compensation awarded is Rs.2 lakhs, with an immediate relief of Rs.25,000/- to be released …

4 years, 9 months ago

Delhi HC Directs Delhi Govt To Expeditiously Process Applications Claiming Compensation For Victims of Delhi Riots [Read Order]

Live Law

Delhi High Court has directed the Delhi Government to expeditiously process the applications seeking compensation for the victims of Delhi riots in accordance with its Office Order dated 05/03/20. The Single Bench of Justice Navin Chawla further directed that the Delhi Government shall accept such applications on its presentation without insisting on furnishing a copy of the FIR. The order …

5 years ago

Delhi HC Dismisses Plea Challenging Delhi Govt's Compensation Scheme For Victims Of Delhi Riots

Live Law

Delhi High Court has refused to intervene in a plea challenging the compensation announced by the Delhi Government for the victims of Delhi Riots. Moved by Advocate Shashank Deo Sudhi, the plea was filed against, what he called, the unreasonable and arbitrary announcement for compensation without identifying the real victims of riots. Direction to the Delhi Government for laying down …

5 years, 1 month ago

Delhi High Court seeks response of Centre, AAP, police on injured Jamia student’s plea for compensation

The Hindu

The Delhi High Court on Monday sought the response of the Centre, the city government and the police on a plea by a Jamia Millia Islamia student seeking compensation for injuries suffered allegedly in police action against anti-Citizenship Amendment Act protesters on December 15 last year. Fracture of legs The plea by Shayaan Mujeeb, a Jamia student, has alleged that …

5 years, 10 months ago

How Is Compensation For Victims Of Acid Attacks Determined: HC Asks DSLSA

Live Law

The Delhi High Court on Monday asked the state legal services authority here, DSLSA, how it determines the compensation to be awarded to victims of acid attacks.A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani posed the query to the Delhi State Legal Services Authority while hearing a plea by a woman, who claimed to be an …

6 years, 6 months ago

Supreme Court: Follow NALSA guidelines while compensating child abuse survivors

India Today

The Supreme Court on Wednesday said the National Legal Services Authority's scheme for compensating the victims of sexual assault and acid attacks should be used as a guiding model by special courts in awarding compensation to minor victims of sexual abuse till the Centre finalises the rules. As per NALSA's scheme, a victim of gang rape in any part of …

6 years, 7 months ago

Delhi High Court sets aside AAP govt order revising minimum wages

India TV News

In a blow to the AAP government, the Delhi High Court today quashed its March 2017 notification revising minimum wages for all classes of workmen in all scheduled employment, saying the decision was ultra vires the Constitution. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also quashed the Delhi government notification setting up a advisory …

6 years, 9 months ago

Calcutta HC Orders Compensation To Trafficking Victim; Says Rehabilitation Not Dependent On Pace Of Investigation Or Trial [Read Order]

Live Law

The Calcutta High Court on Monday directed the State to pay compensation to a child trafficking survivor, rejecting the State’s assertion that she was not entitled to the same because the twin conditions of the accused not having been identified and the trial not having commenced were not satisfied in the case at hand.The petitioner, originally from West Bengal, had …

6 years, 9 months ago

Calcutta HC Orders Compensation To Trafficking Victim; Says Rehabilitation Not Dependent On Pace Of Investigation Or Trial [Read Order]

Live Law

6 years, 10 months ago

SC approves compensation scheme for sexual assault, acid attack victims; proposal to be applicable across India

Firstpost

A victim of gangrape would now get a minimum compensation of Rs 5 lakh up to a maximum of Rs 10 lakh. This is part of a scheme proposed by NALSA on compensating the victims of sexual assaults and acid attacks, which was approved by the Supreme Court New Delhi: A victim of gangrape in any part of the country …

7 years ago

Delhi HC Awards Rs 10L Compensation Each To Wife, Mother Of Two Manual Scavengers Who Died Of Toxic Fumes Inside Chocked Sewer [Read Judgment]

Live Law

The Delhi High Court has awarded a compensation of Rs 10 lakh each to the wife and mother of two manual scavengers who died while cleaning sewerage in Bawana Industrial area here in the year 2011.Justice V Kameshwar Rao directed Delhi government’s Delhi State Industrial and Infrastructure Development Corporation Limited to pay Rs 10 lakh compensation to the wife of …

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