Amitadyuti Kumar Vs. State of W.B. & Ors.
EmailAppeal: Civil Appeal No. 467 of 2000
(Arising out of SLP (Civil) No. 1571 of 1999)
(Arising out of SLP (Civil) No. 1571 of 1999)
Petitioner: Amitadyuti Kumar
Respondent: State of W.B. & Ors.
Apeal: Civil Appeal No. 467 of 2000
(Arising out of SLP (Civil) No. 1571 of 1999)
(Arising out of SLP (Civil) No. 1571 of 1999)
Judges: G.B. PATTANAIK & R.C. LAHOTI, JJ.
Date of Judgment: Jan 21, 2000
Head Note:
CRIMINAL LAW
Constitution
Articles 226, 136 – Custodial death – Compensation – Determination of quantum – Human Rights Commission directing award of compensation of
Rs. 20,000/- for a custodial death –
High Court directing payment of Rs. 20,000/- SLP for enhancement of compensation. Held in view of factual circumstances a compensation of Rs. 70,000/- would be the appro-priate sum.
(Para 6)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. The Division Bench of the Calcutta High Court has directed payment of compensation to the tune of Rs. 20,000/- to the widow of deceased Debu Pramanik in lieu of compensation granted by the Human Rights Commission.
4. When the matter came up before this Court, a limited notice was issued on the question of compensation.
5. Learned counsel for the appellant forcefully contends that the quantum of compensation to the tune of Rs. 20,000/- is too meagre even to have a sustenance for the widow and the other family members and at least the compensation should be enhanced to the tune of Rs. 1.5 lac.
6. The counsel for the State of West Bengal on the other hand contends that the Human Rights Commission of the State has con-sidered the matter from all angles including the profession which was being pursued by the deceased before his custodial death and therefore the compensation to the tune of Rs. 20,000/- is ade-quate. Having considered the rival submissions and on the find-ings arrived at by the High Court of Calcutta we think it appro-priate to enhance the compensation to Rs. 70,000/-. Since Rs. 20,000/- has already been paid, the State of West Bengal is directed to pay another sum of Rs. 50,000/- to the widow of deceased Debu Pramanik within a period of eight weeks from today. The appeal is disposed of accordingly. There shall be no order as to costs.
7. Needless to mention that rest of the directions given by the High Court remain unaltered.
1. Leave granted.
2. Heard learned counsel for the parties.
3. The Division Bench of the Calcutta High Court has directed payment of compensation to the tune of Rs. 20,000/- to the widow of deceased Debu Pramanik in lieu of compensation granted by the Human Rights Commission.
4. When the matter came up before this Court, a limited notice was issued on the question of compensation.
5. Learned counsel for the appellant forcefully contends that the quantum of compensation to the tune of Rs. 20,000/- is too meagre even to have a sustenance for the widow and the other family members and at least the compensation should be enhanced to the tune of Rs. 1.5 lac.
6. The counsel for the State of West Bengal on the other hand contends that the Human Rights Commission of the State has con-sidered the matter from all angles including the profession which was being pursued by the deceased before his custodial death and therefore the compensation to the tune of Rs. 20,000/- is ade-quate. Having considered the rival submissions and on the find-ings arrived at by the High Court of Calcutta we think it appro-priate to enhance the compensation to Rs. 70,000/-. Since Rs. 20,000/- has already been paid, the State of West Bengal is directed to pay another sum of Rs. 50,000/- to the widow of deceased Debu Pramanik within a period of eight weeks from today. The appeal is disposed of accordingly. There shall be no order as to costs.
7. Needless to mention that rest of the directions given by the High Court remain unaltered.
