RAMJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of the parties, the matter was heard finally at the admission stage.

(2.) BY this writ petition, the petitioners are seeking appropriate writ, order or direction to the respondent-State to bear all the medical expenses including the expenses of plastic surgery etc. and further award compensation on account of acid burn injuries sustained by the petitioners No. 2 to 5 which was thrown by Sajid Ali, Mohammad Khan and Kayyom Pathan.

(3.) USUALLY the compensation cannot be claimed against the State in the matter of tort committed by one private party against another which may result in criminal case and may be granted by the civil Court. In case of damages on account of injuries or death caused by the employee of the State, then compensation can also be claimed by filing civil suit. But, after 1983 in appropriate cases the Supreme Court and High Courts had granted compensation claimed on account of violation of fundamental right, while hearing petition under Article 32 or appeal under Article 136 of the Constitution of India against the judgment passed under Article 226 of the Constitution of India of the Constitution of India and under Article 226 of the Constitution of India.