Bombay HC Permits 2010 Acid Attack Victims To Seek Compensation Under New Scheme Despite Lapse Of Limitation Period
The Bombay High Court permitted 3 acid attack victims to move an application seeking compensation under the Maharashtra Victim Compensation Scheme for Women Victims / Survivors of Sexual Assault / Other Crimes, 2022 despite the lapse of the limitation period.
The Court was hearing a Writ Petition by the acid attack survivors, who were attacked in 2010.
The bench of Justice A S Chandurkar and Justice Jitendra Jain observed, “We find that under the Proviso to Clause 16, the delay beyond a period of three years can be condoned in deserving cases….We therefore find that the petitioners can be permitted to move an application seeking compensation in accordance with the Scheme of 2022.”
Advocate Kanhaiya S. Yadav appeared for the Appellant and Advocate Abhay Patki appeared for the Respondent.
Brief Facts-
The petitioners claimed to be victims of an acid attack. They were required to undertake medical treatment for a considerable period requiring substantial amounts. To alleviate similar grievances of acid attack victims this Writ Petition was filed praying that directions be issued for the disbursement of fair compensation in a time-bound manner.
An amount of ₹5 Lakh was awarded to the Petitioners as interim compensation.
The Petitioners submitted that they desire to seek benefit under the “Maharashtra Victim Compensation Scheme for Women Victims / Survivors of Sexual Assault / Other Crimes, 2022”, however, under Clause 16, a period of limitation was prescribed and the claim is required to be made within three years from the date of occurrence of the offence or conclusion of the trial.
They, therefore, submitted that the claims sought to be raised by the petitioners be directed to be entertained without being treated as being barred by limitation as the incident occurred in 2010 and trial concluded in 2015.
The Court found the present case to be a deserving one for the reason that after being subjected to an acid attack, the petitioners were required to approach this Court in the matter of grant of compensation and during the pendency of this writ petition, the Scheme of 2022 came to be implemented.
The Court disposed of the Writ Petition.
Cause Title: XYZ v. State of Maharashtra (Neutral Citation: 2024:BHC-OS:5674-DB)
Appearance:
Appellant: Adv. Kanhaiya S. Yadav Adv. Akhilesh Adhav
Respondent: Addl. G.P. Abhay Patki, Addl. G.P. Prachi Tatake
