IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 6089 of 2009(E) ------------------------------- PETITIONER: --------------- RAGHAVAN.E, DETECTIVE INSPECTOR (RETD.) CRIME BRANCH CID, KANNUR, RES. EDAVANA HOUSE, P.O. MUYYEM, VIA KARIMBAM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6089 OF 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FIR WITH RESPECT TO CRIME NO.80/2004 EXT.P2 TRUE COPY OF ACCIDENT REGISTER CUM WOUND CERTIFIATE ISSUED BY KASARGOD NURSING HOME EXT.P3 TRUE COPY OF WOUND CERTIFICATE ISSUED BY DR.T.M.A.PAI ROTARY HOSPITAL, MANGALORE EXT.P4 TRUE COPY OF REFERENCE LETTER DATED 28.1.2004 ISSUED BY KASTURBA MEDICAL COLLEGE HOSPITAL, ATTAVAR EXT.P5 TRUE COPY OF DISCHARGE SUMMARY-GA EXAMINATION/OBSERVATION ON THE BASIS OF DISCHARGE DATED 19.8.2004 EXT.P6 TRUE COPY OF DISCHARGE SUMMARY - SURGERY ON THE BASIS OF DISCHARGE DT.5.2.2004 EXT.P7 TRUE COPY OF CERTIFICATE DT.18.10.2004 ISSUED BY DR.LINGAM GOPAL, SANKARA NETHRALAYA EXT.P8 TRUE COPY OF DISCHARGE SUMMARY-SURGERY ISSUED FROM SANKARA NETHRALAYA DATED 30.8.2004 EXT.P9 TRUE COPY OF NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DT.29.1.2004 EXT.P10 TRUE COPY OF REPRESENTATION DATED 9.8.2004 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT / TRUE COPY / S.SIRI JAGAN, J. ---------------------------------------------- W.P(C).No. 6089 of 2009 ---------------------------------------------- Dated this the 11th day of February, 2011 JUDGMENT Petitioner retired as Detective Inspector of Police in the Police Department of Government of Kerala on 31.1.2008. While working as Additional Sub Inspector of Police, Kasaragod, the petitioner sustained serious injuries in a communal riot on 22.1.2004. As a result of the injuries sustained, the petitioner lost his right eye. According to the petitioner, he underwent treatment by spending an amount of Rs.5 lakhs. The petitioner claimed reimbursement of the medical expenses incurred by him for his treatment of the injuries as well as compensation for the disability suffered by him on account of the loss of his right eye in the communal riot. But the State has paid the petitioner only an amount of Rs.1,25,000/- towards treatment expenses. No compensation amount was paid by the Government to the petitioner for the loss of his eye sight. The petitioner points out that as per the new Kerala Police Act, 2010, enacted by the Government of Kerala, which according to the petitioner, has come into force on 30.1.2011, there is a provision for granting compensation in such cases. The petitioner, therefore, seeks relief for a direction to the first respondent to consider his claim for compensation in the light of the said provision. WP(C) No.6089/09 - 2 - 2. I have heard the learned Government Pleader also. 3. A copy of the Kerala Police Bill, 2010 has been made available by learned counsel for the petitioner. He asserts that the same has become an Act and has come into force on 30.1.2011. Section 110(4) of the said Bill reads as follows: “(4) If a police officer suffers injury or disfigurement as a result of violence inflicted upon him in the course of duty or as a result of a serious risk or dangerous situation to which he is exposed to in the course of his duty or out of attacks carried out on him by reason of animosity engendered by due performance of duty, he shall be duly and adequately compensated by the State for the same: Provided that such compensation shall be over and above the reimbursement of his medical expenses to which he is entitled to under the rules.” In the above circumstances, I dispose of the Writ Petition with the following directions: The petitioner shall file a representation stating his claims in respect of the disability sustained by him producing all materials in support of the same within three weeks from today. The first respondent shall consider and pass orders on the same in the light of Section 110(4) quoted above, if the same has come into force, as WP(C) No.6089/09 - 3 - expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the representation from the petitioner. S.SIRI JAGAN, JUDGE vgs