Upgrad LLM

compensation to victims- recovery of compensation

Advocate, High court

COMPENSATION TO VICTIMS:

 

Breach of duty by Public Servants – An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. Award of compensation acts as a check on arbitrary and capricious exercise of power".(1994) 1 SCC 243 and (1964) 1 ALL E.R. 367 (410) : 1964 AC 1129

PURPOSE OF COMPENSATION.

It is a sound policy to punish the wrong- doers and it is in that spirit that the Courts have moulded the reliefs of granting compensation to the victims in exercise of the powers conferred on it. In doing so, the Courts are required to take into account not only the interest of the victims and the offenders but also the interest of public as a whole with a view that public bodies or officials do not act unlawfully and do perform their duties properly"  Decision in Civil Appeal No. : 8026 / 2009 (SC) Dt. 03.12.2009. (Supreme Court of India)

RECOVERY OF AMOUNT OF COMPENSATION: 

"Constitutional Court would be duty bound to award substantial amount of compensation to party aggrieved in lieu of infringement of fundamental rights of citizens and direct recovery of amount of compensation from the salary of officers in default". 1995 (1) Mh . L.J. 157.

 
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