The duty of the respondents to make payment for the medical treatment of acid attack burn injuries, emphasizing the entitlement of the petitioners to compensation for the medical expenses incurred in their treatment of acid attack injuries.

JUDGMENT :

Surendra Singh-I, J.

Heard Sri Ranjeet Singh, learned counsel for the petitioners and Sri S.N. Shukla, representing the State-respondents.

2. The petitioners have filed the writ petition praying for the following reliefs :-

(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to enhance the amount of compensation upto Rs.26 lakh to the petitioners.

(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide suitable job/employment to the petitioner no.1 according to her educational qualification.

(iii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide compensation to the petitioner no.2.

3. The facts of the case shorn of unnecessary details is that petitioner no.1 is the mother of petitioner no. 2. They are residents of village-Gorai, Police Station-Iglas, District-Aligarh. On 31.12.2015, the petitioners sustained serious acid attack injuries, in respect of which a first information report was lodged by Brijesh Kumar, husband of petitioner no.1 and father of petitioner no. 2 on the same day at Police Station-Iglas, District-Aligarh as Case Crime No. 820 of 2015 u/s 452 and 326-A I.P.C. Soon after the incident, the petitioners were admitted in J.N. Medical College, Aligarh Muslim University, Aligarh, where primary medical treatment was given to the petitioners. Thereafter, the petitioners went for medical treatment at a private hospital, namely, Perfect Life Hospital, Mathura, where the plastic surgery, etc., of petitioner no. 1, Smt. Kamlesh Devi, was done. She was also treated in Sawai Maan Singh Hospital, Jaipur. In the aforesaid acid attack, petitioner no. 1, Smt. Kamlesh Devi, sustained 30% chemical burn injuries causing serious injuries on face, throat, right eye and right ear.

4. After investigation, the Investigating Officer submitted charge-sheet u/s 452 and 326-A I.P.C. against the accused, Kumarpal and Sundar. Vide order dated 13.07.2018 passed in S.T. No. 437 of 2018, State Vs. Kumarpal & Another, the trial court convicted and sentenced the accused u/s 452, 326A I.P.C.

5. Brijesh Kumar, husband of petitioner no.1 submitted an application on 06.09.2016 before the respondent no. 3, Secretary, District Legal Service Authority, Aligarh (hereinafter referred to as “DLSA, Aligarh”) for compensation for the petitioners. He also moved an application dated 03.09.2016 through registered post on 16.09.2016 to the respondent no. 2, District Magistrate, Aligarh to provide financial assistance for medical treatment of petitioners. The petitioners had also approached the National Commission for Women, New Delhi for payment of compensation which was referred vide letter dated 03.08.2016 by the Commission to the DLSA, Aligarh but DLSA, Aligarh did not give any compensation to the petitioners. The qualification of petitioner no. 1 is Intermediate and she has also obtained a Diploma in Computer Application. In this regard, a certificate has been issued to her by the Manager of the institute, namely, Brilliant Computer Education, New Delhi. The petitioners belong to very poor family residing in rural area of District-Aligarh and have some agricultural land as the only means of income for their livelihood. In the medical treatment of the petitioners, husband of petitioner no.1 had to sell the agricultural land through registered sale deed dated 22.04.2017. The petitioners had earlier filed a WRIT-C No. 23884 of 2017 (Smt. Kamlesh Devi and another Vs. State of U.P. and others) which was disposed of by a Division Bench of this Court on 26.05.2017. In compliance of the direction passed in the aforesaid writ petition, on 03.07.2017 the petitioners submitted a representation before the respondent no. 1 by registered post annexing the certified copy of the order dated 26.05.2017 and other relevant papers with a prayer to provide compensation and employment according to the q