High Court stays compensation order for families of deceased

Soumyadip Mullick, MP, 25 July 2024, Kolkata: The Calcutta High Court on Wednesday stayed the Single Bench order which directed for providing compensation to the families of the two students of Daribhit High School, in North Dinajpur, who died in a clash between two groups in 2018. 

The Bench of Chief Justice (CJ) T S Sivagnanam and Justice Hiranmay Bhattacharya was hearing the case relating to the Daribhit incident where the appellate side advocate informed the court that as directed by the Single Bench of Justice Rajasekhar Mantha earlier, all the case papers have been handed over to the National Investigation Agency (NIA) by the state. 

The counsel further informed the court that the state also filed an affidavit informing that the petitioner doesn’t want to take the compensation in the form of Rs 2 lakh. Citing the reason for denial, the petitioner’s advocate told the court that both the families of the two victims want Rs 20 lakh each instead of the Rs 2 lakh the state is offering. 

When CJ asked on what basis they demanded Rs 20 lakh each, the petitioner’s advocate said the families lost two persons due to police firing. 

“Two fathers lost their sons,” he said. The Advocate General told the court: “Compensation has to be on the basis of some formula.” The CJ asked the petitioner’s counsel: “Why don’t you accept the two lakhs? We would think someone else is firing off the shoulders. This litigation is not genuinely made by the family of the victim. Someone else is doing it”. 

The CJ, after scrapping his initial order, observed in his final order: “The petitioner’s advocate would contend that the families have to be paid Rs 20 lakh each as compensation. We find from the impugned order that the writ court has not quantified the compensation payable but directed the state to pay compensation. 

Therefore, prima facie, we are of the view that computation of the compensation has to be done following a particular methodology…We are of the view that the amount fixed under victim compensation scheme is a correct approach. 

However, we do not wish to express any conclusive opinion in this aspect since the appeal has to be heard out on this issue.” 

The CJ said though the court suggested to the writ petitioner’s advocate that without prejudice to the rights of the petitioners they may accept compensation of Rs 2 lakh each, the advocate emphatically refused to accept the suggestion. 

“In the circumstances, the order and direction issued by the Single Bench in the impugned order para 77 shall remain stayed till the disposal of the appeal,” the court directed. 

https://www.millenniumpost.in/bengal/high-court-stays-compensation-order-for-families-of-deceased-573096