Classic example of monetary compensation in accident and rape cases

In India our judiciary has always been in the forefront to come to the rescue of the depressed, oppressed and the needy and there has been hundreds of examples that despite the process of seeking justice being tedious, complex and expensive, the genuine justice seekers have usually and rather in majority of the cases been obliged by intelligent, outstanding and pro people verdicts.

Whether its the case of Nirbhaya or Jessica Lal rape and subsequent brutal murder cases or cases pertaining to hundreds of betrayed home buyers in Delhi and Noida to matters of human rights violations to punishing the higly influential like Subrata Roy, the CEO of mighty Sahara group who’ve cheated thousands of his clients etc the Indian judiciary have always been the God send device/institution for justice seekers though its also a true fact that hundreds of them are still at bay due to the expensive and tardy process of the system except the lucky ones.

In two such recent cases of pro people judicial dispensation, the judges of Accident Tribunal and Juvenile Justice Board have directed the authorities concerned i.e. an insurance company and the Delhi Commision For Women to pay the aggreaved parties a whopping compensation of Rs 68 lakhs and 28 lakhs respectively to the victims of accident having lost his leg and a child rape and attempt to murder victim of Delhi, respectively.

These two directions or verdicts are undoubtedly the classic examples of pro poor judicious justice dispensation which speaks of the fact that however protracted or tedious may be the process of acknowledging justice but its finally due for them and that too extremely favorably. Both these cases are best instances of judicial jurisprudence.

In the first case a 40 year old man namely Ashok Kumar Sharma met with an accident in Rajasthan in 2014 and had to get his right leg amputated, due to the rash and negligent driving of the truck driver.

His disability was 80% and was treated for more more than six months before getting his leg amputated. His family was obviously in immense financial despair and agony as the source of income has completely gvanished thus leading the poor and hapless family towards the brink of acute financial disaster and what not. The presiding officer of the Motor Claims Accidents’ Tribunal Jitendra Singh taking the extremely humanitarian aspect of the case into consideration passed orders to the insurance company for delivery of Rs 68 lakhs to the victim, the amount for which the truck was insured.

This adequate financial compensation would help the family survive by starting some business in the near future for their able sustenance as being 80% disabled now Ashok Kumar is not able to earn for his family in acute financial distress.

Similarly, in the second case the Juvenile Justice Board has directed the DCW to pay a hefty compensation of Rs 25 lakhs to the rape survivor who was subjected to rape and attempt to murder when she was merely five years old. The girl’s father was a rickshaw puller and earned a paltry sum of Rs 2 to 3 hundred a day. Since the state was not able to safeguard the the rape victim from the obnoxious brutal crime its the duty of the women’ s body to financially compensate for the loss of dignity and subsequent trauma confronted by the girl child and her poor dejected family said the Juvenile Justice Board Judge.

 SUNIL NEGI