High Court of Karnataka Allows Writ Petition for Victim Compensation Under Karnataka Victim Compensation Scheme, 2011 — Quashes Rejection Order and Directs Release of Rs. 3,00,000 to Parents of Deceased Daughter. The court held that the petitioners, as parents of the deceased victim, are entitled to compensation under the Scheme and the rejection by the District Legal Service Authority was unsustainable.

High Court: Karnataka High Court Bench: KALABURAGI In Favour of Prosecution
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Case Note & Summary

The petitioners, Shivaraj and Nirmala, parents of the deceased Chandrakala, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash Annexure-K, an order dated 13.10.2015 issued by the District Legal Service Authority, Bidar (respondent No.3), rejecting their claim for compensation under the Karnataka Victim Compensation Scheme, 2011. They also sought a writ of mandamus directing the respondents to release Rs. 3,00,000 to them due to the death of their daughter. The petitioners were represented by Sri Hanmanthraya Sindol, while respondent No.1 was represented by Sri Veerangouda Malipatil (HCGP) and respondents No.2 and 3 by Sri Sudheer Kulkarni. The court heard the counsel and considered the prayer. The court found that the rejection order was unsustainable and allowed the petition, quashing Annexure-K and directing the respondents to release Rs. 3,00,000 to the petitioners within a reasonable time. The decision was based on the entitlement under the Karnataka Victim Compensation Scheme, 2011.

Headnote

A) Victim Compensation - Entitlement to Compensation - Karnataka Victim Compensation Scheme, 2011 - Rejection of Claim - Petitioners, parents of deceased daughter, sought compensation under the Scheme - The District Legal Service Authority rejected the claim - The High Court held that the rejection was unsustainable and directed release of Rs. 3,00,000 to the petitioners - Held that the petitioners are entitled to compensation under the Scheme (Paras 1-3).

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Issue of Consideration

Whether the petitioners are entitled to compensation under the Karnataka Victim Compensation Scheme, 2011 for the death of their daughter, and whether the rejection order passed by the District Legal Service Authority is sustainable.

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Final Decision

The writ petition is allowed. Annexure-K dated 13.10.2015 issued by respondent No.3 is quashed. The respondents are directed to release Rs. 3,00,000 to the petitioners under the Karnataka Victim Compensation Scheme, 2011 within a reasonable time.

Law Points

  • Victim compensation scheme
  • Writ of certiorari
  • Writ of mandamus
  • Legal Services Authority
  • Compensation for death of victim
  • Karnataka Victim Compensation Scheme 2011
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Case Details

NC: 2024:KHC-K:2357

WP No. 200096 of 2017 (GM-RES)

2024-03-19

V Srishananda

NC: 2024:KHC-K:2357

Sri Hanmanthraya Sindol (for petitioners), Sri Veerangouda Malipatil (HCGP for R1), Sri Sudheer Kulkarni (for R2 & R3)

Shivaraj S/o Channappa Ranjeri and Nirmala W/o Shivasraj Ranjeri

The State of Karnataka, Karnataka State Legal Service Authority, The District Legal Service Authority

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Nature of Litigation

Writ petition seeking compensation under victim compensation scheme

Remedy Sought

Quashing of rejection order and direction to release Rs. 3,00,000 under Karnataka Victim Compensation Scheme, 2011

Filing Reason

Rejection of claim for compensation for death of daughter by District Legal Service Authority

Previous Decisions

Annexure-K order dated 13.10.2015 by respondent No.3 rejecting the claim

Issues

Whether the petitioners are entitled to compensation under the Karnataka Victim Compensation Scheme, 2011 for the death of their daughter? Whether the rejection order passed by the District Legal Service Authority is sustainable?

Submissions/Arguments

Petitioners argued that they are entitled to compensation under the Scheme and the rejection order is unsustainable. Respondents did not contest the claim as per the order.

Ratio Decidendi

The petitioners, as parents of the deceased victim, are entitled to compensation under the Karnataka Victim Compensation Scheme, 2011. The rejection order by the District Legal Service Authority was unsustainable and hence quashed.

Judgment Excerpts

Heard Sri Hanmantharaya Sindol, learned counsel for the petitioners. Writ petition is filed with the following prayer... The writ petition is allowed.

Procedural History

The petitioners filed a claim for compensation under the Karnataka Victim Compensation Scheme, 2011 before the District Legal Service Authority, Bidar. The Authority rejected the claim vide order dated 13.10.2015 (Annexure-K). Aggrieved, the petitioners filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Karnataka Victim Compensation Scheme, 2011:
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