Rajeshwar Panchal believes the Supreme Court will consider his plea in the interest of the common man
A city-based lawyer, Rajeshwar Panchal, 36, has moved the Supreme Court, challenging the Bombay High Court chief justice order accepting the enhancement of compensation declared by the State and Central government for deceased and injured victims of terror attacks. The petitioner has stated that compensation should be at par with the Motor Vehicle Tribunal, that considers the victim's age, salary and the number of dependents. "In the Supreme Court appeal, we intend to make all state governments and union territories party to the petition, and will request the apex court to pass the necessary order, which can then be implemented across India uniformly. The matter is likely to be heard by the apex court soon," Panchal said.
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Illustration/Ravi Jadhav
The lawyer, who has been practising in the city for 12 years, claims that no legal mechanism is available for people seeking compensation from the state, especially in the case of damages caused by terror acts. "There are numerous cases where the deceased was the sole bread winner in the family, and therefore, the death left the family with no source of livelihood and not enough compensation."
The Central government has enhanced its compensation figure from Rs 3 lakh to Rs 5 lakh, under the 'Central Scheme for Assistance to Civilian Victims of Terrorists/Communal/Naxal Violence' post the Bombay High Court order dated August 13, 2014.
Rajeshwar Panchal
Maharashtra, too, enhanced the sum from Rs 1 lakh to Rs 5 lakh, while an amount of Rs 10 lakh was allotted for dependants in cases where the deceased was the sole breadwinner in the family. Panchal argues that Rs 10 lakh is not enough to meet the daily expenditure of a family. And in cases where the victim was seriously injured, the said amount is again not enough to pay the medical bills. In his petition, Panchal has stated that to provide compensation to victims/ dependants of victims of terrorist attacks and bomb blasts, the provisions of the Motor Vehicle Act, 1988 needs to be applied. Under this act, compensation granted to the victims includes current and future medical expenses.
Panchal, who has come into his own from his childhood days of poverty and starvation, has filed several PILs in the past to address the issues faced by the common man. He's confident that the apex court will consider his plea in the interest of the common man. "Right to life is guaranteed Under Article 21 of the Constitution. That includes right to have a secured, protected life. It's the state's duty therefore to protect and secure the life of people residing within its territory. And if the state fails to do so, then it is a violation of fundamental rights guaranteed by the Constitution."
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