Delhi riots: HC asks claims commission to file report on details of applications for compensation

The Delhi High Court on Monday asked the NorthEast Delhi Riots Claims Commission NEDRCC to file a status report regarding the details of the claims received by it from victims and the amounts disbursedThe high court also asked the secretary of the NEDRCC which was set up by the Delhi government in April 2020 to file the procedure followed by it while processing applications for claims and award of compensationIt was hearing a batch of petitions challenging an Delhi government assistance scheme for the help of riot victims as it provided inadequate compensation for the death of minorsThe Delhi High Court had appointed a claims commissioner vide a March 18 2020 order which was implemented by the Delhi governments order issued in April that yearCommunal clashes had broken out in northeast Delhi on February 24 2020 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injuredThe pleas have also sought enhancement of the compensation being provided to victims of the communal violence in the northeast DelhiJustice Prathiba M Singh said the petitioners are persons with various financial constraints and the claims commission ought to proceed expeditiously in this matterIt is deemed appropriate to call for a detailed status report from the claims commissioniquest The report shall be filed within four weeks the high court saidThe court which listed the matter for further hearing on April 28 asked the high court registrar to inform the claims commission about this orderIt said it wants to first see what the commission was doing before proceeding further in the matterDuring the hearing one of the petitioners submitted that the office of the claims commission has conducted surveys in some of the cases and the amounts awarded are much less than what has been fixed under the Delhi government schemeAdvocate Karuna Nandy representing some of the petitioners said she was seeking enhanced compensation and has challenged the amount of compensation of Rs 5 lakh awarded to the parents of two children who died during the riotsPetitioner Ram Sugarats 15yearold son died after being hit by a teargas shell on February 26 2020 in the Gokulpuri area while Rihana Khatoons 17yearold son lost his life due to gunshot injury to his head on February 25 2020 near the Jafrabad metro stationAlso Read Bank fraud ED attaches Rs 98 cr worth assets of promoters of Pune based groupThe schoolgoing children had gone to a market to buy household items when the incidents took placeDelhi governments lawyer Sameer Vashisht submitted that the NEDRCC has been assessing the claims and added that a status report can be called for complete details regarding the progress made in the applicationsThe parents of the two children have challenged fixing of a maximum compensation of Rs 5 lakh for the death of a child in riots while the maximum compensation for death of an adult has been fixed at Rs 10 lakhTheir lawyer had earlier submitted that fixing the maximum compensation of Rs 5 lakh for the death of a minor during riots while the families of adult victims receive Rs 10 lakh compensation was arbitrary and unreasonableThe compelling state interest in awarding compensation to riot victims and their families is to provide relief and rehabilitation from the loss suffered When it comes to the families of deceased riot victims compensation must be such that it is somewhat commensurate to the actual damage suffered Particularly in the case of deceased minors such damage goes beyond just the loss of income of the deceased family member the plea saidIt sought direction to authorities to award an equal compensation of Rs 10 lakh to the families of all deceased riot victims under the Delhi government assistance scheme for the help of riot victims irrespective of whether they are minors or majorsThe plea also sought to set aside the assistance scheme in so far as it prescribes a maximum compensation of Rs 5 lakh to the families of deceased riot victims who are minorsAs the two petitioner parents have received Rs 5 lakh compensation each the plea further sought direction to authorities to grant an additional amount of Rs 5 lakh each for the loss of their children in the Delhi riotsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever