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 are entitled to compensation under the Scheme for the death of their daughter, and the rejection order by the District Legal Service Authority was set aside.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused
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Case Note & Summary

The petitioners, Shivaraj and Nirmala, parents of 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 respondent No.3 (District Legal Service Authority, Bidar), and a writ of mandamus directing the respondents to release Rs.3,00,000/- to them under the Karnataka Victim Compensation Scheme, 2011 due to the death of their daughter. The petition was heard by the High Court of Karnataka, Kalaburagi Bench, presided by Justice V Srishananda. The petitioners were represented by Sri Hanmanthraya Sindol, respondent No.1 by Sri Veeranagouda Malipatil (HCGP), and respondents 2 and 3 by Sri Sudheer Kulkarni. The court, after hearing the counsel, quashed the impugned order and directed the respondents to release the compensation amount of Rs.3,00,000/- to the petitioners within a specified period. The judgment is brief and does not elaborate on the facts or legal reasoning beyond the prayer and the order.

Headnote

A) Victim Compensation - Entitlement under Karnataka Victim Compensation Scheme, 2011 - Rejection of Claim - Petitioners, parents of deceased daughter Chandrakala, sought compensation under the Scheme - The District Legal Service Authority rejected the claim vide Annexure-K dated 13.10.2015 - The High Court quashed the rejection order 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 dated 13.10.2015 passed by the District Legal Service Authority is liable to be quashed.

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Final Decision

The writ petition is allowed. Annexure-K dated 13.10.2015 is quashed. Respondents are directed to release Rs.3,00,000/- to the petitioners under the Karnataka Victim Compensation Scheme, 2011 within a specified period.

Law Points

  • Victim compensation scheme
  • Writ of certiorari
  • Writ of mandamus
  • Right to compensation for victims of crime
  • 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, Sri Veeranagouda Malipatil, Sri Sudheer Kulkarni

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 the Karnataka Victim Compensation Scheme, 2011 for the death of petitioners' daughter.

Remedy Sought

Quashing of Annexure-K order dated 13.10.2015 and direction to release Rs.3,00,000/- under the Scheme.

Filing Reason

Rejection of claim for compensation by the District Legal Service Authority.

Previous Decisions

Annexure-K order dated 13.10.2015 issued 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?

Submissions/Arguments

Petitioners argued for quashing of rejection order and release of compensation. Respondents opposed the petition.

Ratio Decidendi

The petitioners, being parents of the deceased daughter, are entitled to compensation under the Karnataka Victim Compensation Scheme, 2011, and the rejection order by the District Legal Service Authority is unsustainable.

Judgment Excerpts

Heard Sri Hanmanthraya Sindol, learned counsel for the petitioners. Writ petition is filed with the following prayer... This petition, coming on for preliminary hearing in ‘B’ group, this day, the court made the following: ORDER

Procedural History

The writ petition was filed in 2017 under Articles 226 and 227 of the Constitution of India challenging the order dated 13.10.2015 passed by the District Legal Service Authority, Bidar. The petition was heard and disposed of on 19.03.2024.

Acts & Sections

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