Introduction:

The Allahabad High Court, in a pivotal judgment, has ordered the State to provide additional compensation of Rs. 5,26,000 to a mother-son duo who were victims of an acid attack. Upholding the fundamental right to life under Article 21, the court emphasized that medical grants are an integral part of this right. The case revolved around the petitioners’ claim for compensation under various schemes after sustaining severe acid attack injuries.

Arguments:

The petitioners, a mother-son duo, sought compensation under the Uttar Pradesh Victim Compensation Scheme and the Uttar Pradesh Rani Laxmi Bai Mahila Samman Kosh Rules, 2015. The State argued that the mother was entitled to only Rs. 3 lakhs under the 2015 Niyamawali as she suffered simple chemical burns. The court considered the expenses claimed by the petitioners and the State’s contention that the mother had not availed free medical treatment from government hospitals.

Court’s Judgement:

The Allahabad High Court, comprising Justice Salil Kumar Rai and Justice Surendra Singh-I, observed that the State should not disentitle the petitioners for seeking private medical treatment. The court referred to the Supreme Court’s precedent, allowing enhancement of compensation for acid attack victims, and directed an additional payment of Rs. 2 lakhs to the petitioners. It underscored the State’s obligation to honor medical bills and vouchers verified by respondent authorities, ordering a total compensation of Rs. 5,26,000.