LAWS(J&K)-2016-3-67

SANTOSH KUMARI Vs. STATE OF J&K & ORS.

Decided On March 31, 2016
SANTOSH KUMARI Appellant
V/S
State of JAndK And Ors. Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner seeking compensation of Rs. 50 lacs against respondents stating that her daughter namely Roman Lata was attacked by respondent no. 3 in May, 2012 at Badyal Brahmana Bus Stop in R.S. Pura Town. The aforementioned respondent used to tease her and was trying to press her to marry him against her wishes. The daughter of the petitioner did not agree and used to resist him. He used to threaten her with dire consequences. On 26.6.2012 when the daughter of the petitioner was coming home after alighting the Bus, the respondent no. 3 stopped her standing in front and told her to agree to his proposal and on blunt refusal by the daughter of the petitioner the said respondent threw acid on her face. As a result of this, the daughter of the petitioner is defaced because of scars caused by the acid on her face, left arm posterior part and neck which have resulted in rendering the petitioner's daughter an extremely ugly look.

(2.) An FIR was registered by the police and respondent no. 3 was arrested on the statement of the daughter of the petitioner. The police investigated the matter and produced the challan against respondent no. 3 which is pending trial in the Court of learned Principal Sessions Judge Jammu. The petitioner has suffered burn scars on her face, neck and posterior part of left arm which may be possible to remove to some extent by plastic surgery but there is no hope of restoration of her skin in original form and therefore, she will not be in a position to settle in her life. According to the petitioner, at least an amount of Rs. 15.00 lacs would be required for plastic surgery of her daughter in any hospital outside the State. Petitioner and her husband being poor cannot afford the high expenses of plastic surgery. Hence the petitioner has filed this petition praying for compensation of Rs. 50 lacs from respondents No. 1 and 2. According to the petitioner, she and her husband have spent at least Rs. 10 lacs as of now in giving treatment to her daughter.

(3.) When the writ petition was listed for hearing on 16.9.2014, this court while following the judgment of the Supreme Court rendered in Laxmi Vs. Union of India & Ors. (2014) 4 SCC 427 , ordered interim compensation of Rs. 3 lacs for rehabilitation to the acid attack victim. This court has taken note of the payment of Rs. 1 lac already made by the State and remaining Rs. 2 lacs was to be paid within a period of two months. After seeking extension of time an amount of Rs. 2 lacs was also paid. Again when matter was listed, the petitioner's daughter appeared and this court while taking note of the physical appearance of the acid attack victim, ordered further a sum of Rs. 2 lacs on 16.9.2014. The said amount was also paid to the petitioner and according to learned counsel for the petitioner, the said amount was spent for treatment and medical expenses. Learned counsel appearing for the petitioner submitted that the victim girl requires constant medical treatment for which an additional amount is required. When the matter was posted on earlier occasions, learned counsel was directed to produce documents relating to the medical treatment given to the victim and the probable expenses to be incurred for her future treatment. However, learned counsel is unable to produce any document except documents showing treatment given upto the year 2013.