Bombay High Court: In a writ petition before the Division Bench of AS Chandurkar* and Jitendra Jain, JJ., the petitioners (victims of acid attack) were permitted to seek compensation beyond the three-year limitation period provided under the Maharashtra Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2022 (‘Scheme’), Further, the Court saidthat the delay could be allowed in deserving cases.
Background
The petitioners claimed to be victims of an acid attack that occurred in 2010 on them and their family members, due to which they were required to undertake medical treatment that subjected them to undergo prolonged and expensive medical treatments. This writ petition was filed to alleviate similar grievances of acid attack victims, praying the Court to issue directions for disbursement of fair compensation in a timebound manner.
During pendency of the writ petition, an interim order was passed in 2017, awarding the petitioners Rs. 5,00,000 as interim compensation.
Five years later, the State Government implemented the Maharashtra Victim Compensation Scheme for Women Victims / Survivors of Sexual Assault / Other Crimes, 2022 , wherein a determining provision was made for compensation. The petitioners sought the benefit under the Scheme. However, the Scheme prescribed a period of limitation of three years from the date of occurrence of the attack, within which the claim is required to be made. Therefore, the petitioners submitted that their claims be directed to be entertained within the Scheme without being treated as limitation barred.
Judgment
After taking note of the Proviso to Clause 16 of the Scheme, the Court noted that the delay beyond three years could be condoned in deserving cases and found the instant case to be one such case, since the petitioners after being subjected to an acid attack were required to approach the Court in the matter of grant of compensation. During pendency of this writ petition, the Scheme of 2022 came to be implemented.
Therefore, the Court found that the petitioners could be permitted to apply for compensation in accordance with the Scheme, and thereby directed them to make an appropriate application within a period of four weeks from the date of this judgment. Hereby, the Court dismissed the writ petition and the pending interim application.
[ABC v. State of Maharashtra, 2024 SCC OnLine Bom 1106, decided on 03-04-2024]
*Judgment by: AS Chandurkar, J.
Advocates who appeared in this case :
Advocates for the Petitioners: Kanhaiya S. Yadav, Akhilesh Adhav, Anu C. Kaladhavan
Advocates for the Respondents: Abhay Patki, Addl. G.P., Prachi Tatake, Addl. G.P.
