Jharkhand high court

Compensation to acid attack victim

Mukesh Kumar Soni versus State of Jharkhand and ors. [WPC/2995/2020] | Jharkhand High Court | Status: Railway has been directed to file reply | |

Petitioner who were traveling by train was attacked with acid due to which he sustained burn injury on her face and he also loosed his one ear. for treatment he approached several doctors  and hospital and he has also gone through several surgery including plastic surgery but still he is going through several complications. this incident has happened 4 years back but still he did not get his benefit as per victim compensation scheme, therefore this petition has been filed. considering the prayer of the petitioner the Hon'ble Court on 09.03.2021 has passed the following order:
"this Court desired appearance of the Member Secretary, JHALSA, Ranchi, who is present before this Court through virtual mode. He prays for and is allowed two weeks’ time to seek instruction from the Secretary, DLSA, Sahibganj as to whether the petitioner has been paid any victim compensation in pursuance of the notice as contained in memo No. 737 dated 10.08.2016 issued by the Secretary, DLSA, Sahibganj, a copy of which has been annexed as Annexure-3 to the present writ petition, and also to submit a report to that effect. "
This matter was again heard on 8.04.2021. Jharkhand State Legal Services Authority has submitted its report in which it has stated that the concerned DLSA has assessed and decided victim compensation as INR 300000.00. The same has also been paid to the victim. 
Further in the same proceeding the counsel for the petitioner has raised an issue that since the petitioner were attacked when he was traveling by train, and if accused who boarded train with an prohibited article to be carried in train, the railway authority is also at negligence/fault and if they would had vigilant the instant incident would not had happened therefore the railway should also compensate the petitioner. On this a notice has been issued to the railway and he was directed to file counter affidavit to the instant writ petition.