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HIGH COURT OF TELANGANA
SUJOY PAUL, RENUKA YARA
Government of Telangana – Appellant
Versus
Karolla Jayamma – Respondent
JUDGMENT :
Renuka Yara, J.
Heard Sri Mahesh Raje, learned Government Pleader for Home for appellants; Sri C. Prathap Reddy, learned Senior Counsel representing Sri Palle Sri Harinath, learned counsel for respondent No.1 and Sri Vivek Jain, learned counsel as Amicus Curiae.
2. This Intra-Court appeal is directed against the order dated 12.03.2024, wherein, the writ petition preferred by respondent No.1 vide W.P.No.30961 of 2012 has been allowed awarding compensation of Rs.7,20,000/-. After deducting the amount of Rs.1,00,000/- which has already been paid, the appellants were directed to pay compensation of 6,20,000/- with interest at the rate of 6% per annum from the date of death of deceased i.e. 04.07.2012 to till realization to respondent No.1.
3. The back ground facts giving rise to the appeal are that on 02.07.2012 morning, the convict prisoner No.9772 i.e. Dasari Narsimulu has stolen scissors from the prisoner barber and on 04.07.2012, he attacked another convict prisoner No.6917 i.e. Karolla Venkaiah and five other convict prisoners and caused serious bleeding injuries. The said Karolla Venkaiah was shifted to Gandhi Hospital, Secunderabad for treatment and he died on the same da
The court affirmed that custodial deaths necessitate compensation reflecting rights violations, applying Motor Vehicle Act standards for calculating damages.
The state is strictly liable for unnatural deaths in custody, necessitating compensation for the victim's family under Article 21 of the Constitution.
State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.
The State is responsible for tortuous acts of its employees, and the award of compensation against the State is an appropriate remedy for the infringement of fundamental rights under Article 21 of th....
The court established the principle of granting appropriate relief in case of deprivation of constitutional guarantee of life and personal liberty, and applied parameters from motor accident claim ca....
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
State authorities are vicariously liable for negligence leading to custodial death, with victims entitled to compensation under Article 21 of the Constitution.
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